BALDEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) These three appeals arise out of the judgment of conviction dated 15.03.2016 and order of sentence dated 16.03.2016 passed by the Additional Sessions Judge, Karnal. The appellants in the above mentioned appeals have been convicted and sentenced in FIR No.266 dated 26.07.2011 under Sections 302 and 201 read with Section 34 and 506 of the Indian Penal Code (for short 'IPC') and appellants Sukhdev and Som Parkash were also convicted for the commission of offence punishable under Sections 452 read with Section 34 and 506 of IPC.

(2.) As per the prosecution on 22.07.2011 at about 11:30, appellant No.1, Sukhdev, after taking liquor entered the house of the complainant (Om Parkash) and started misbehaving with the family members as well as the parents of the family. On hearing the noise, his son Mukesh Kumar (deceased) came out and asked them the reason for misbehaving, whereupon appellant No.1-Sukhdev assaulted the deceased with lathi. Thereafter, appellant No.2-Som Parkash who is uncle of Sukhdev, who was standing outside in the street with lathi also entered the house of the complainant and then both the appellants-Sukhdev and Som Parkash gave pushes to wife of the complainant as well as his parents and also misbehaved with them and gave beatings to deceased with lathis. They pulled out the wife of the complainant from the house by catching hold of her hair and tore off her clothes. It was further alleged that reason for this bad blood was the fact that appellant No.1-Sukhdev had borrowed a sum of Rs.4000/- from deceased and Sukhdev was not returning the same despite repeated requests by the deceased. The complainant reached his home and when he came to know about the scuffle, he went to the appellants-Sukhdev and Som Parkash but they threatened him that they would not let his sons get government job(s) for which they had applied and would involve them in false case of teasing the sister of Sukhdev. At about 3:00 p.m., his son, Mukesh was going towards his fields and appellant-Sukhdev along with some unknown persons chased him and thereafter, whereabouts of the deceased was not known. He therefore expressed the apprehensions that the accused-appellants had done his son to death. On the basis of the above statement, DDR No.24 dated 23.07.2011 was recorded. On 24.07.2011, dead body of the deceased was recovered from the village pond. Consequently, later on said DDR was converted into the present FIR.

(3.) Appellant No.1-Sukhdev and appellant No.2-Som Parkash were arrested and sent up for trial and thereafter, appellants Rajbir and Baldev were also summoned under Section 319 Cr.P.C.