OMBIR ALIAS GOLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated Sept. 14th , 1998 passed by Sessions Judge, Faridabad, whereby, accused-appellant was convicted under Sec. 302 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000.00, in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

(2.) The prosecution story is:- On May 10th , 1997 at about 11.30 AM, Om Parkash (PW-5), Sudesh (PW-6) husband and daughter respectively of Anaro (deceased) were present at their house situated in Sanjay Colony, Faridabad. Ombir alias Goliaccused-appellant armed with Sabbal (iron rod) (Exhibit P-1) entered the house of Om Parkash and made a grievance to him that his (Om Parkash's) wife had asked some persons to shadow him. In the meantime, deceased came from the bath-room. The accused took out chili powder from his pocket and threw it into the eyes of the deceased. The deceased sat down there and then. The accused gave Sabbal blow on the head of the deceased. Om Parkash and Sudesh tried to intervene but the accused gave another Sabbal blow on the right temple of the deceased and thereafter a number of more blows were given on the person of the deceased. Both the witnesses could not succeed in rescuing the deceased. An alarm was raised. Many persons gathered on the spot. The accused was caught red handed at the spot with Sabbal in his hands and was locked inside a room by Om Parkash. Om Parkash left his daughter in the neighbourhood and proceeded to lodge the report to the Police.

(3.) The cause of occurrence was that deceased was a small time money lender. The accused was scrap vendor. Some amount was lent to the accused on interest by the deceased. Accused did not repay the amount. On which a few days prior to the occurrence, altercation had taken place between the deceased and the accused on two occasions but the matter was settled by Om Parkash. The accused threatened her with dire consequences.