BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA-D-293-DB of 2003 and CRR No. 1670 of 2003, therefore, these are taken up together and being disposed of by a common judgment.

(2.) This appeal and revision are instituted against the judgment dated 18.02.2003 and order dated 20.02.2003, rendered by learned Additional Sessions Judge (Adhoc), Fast Track Court, Sonepat, in Sessions Case No. 37 of 2000, whereby appellant Balwan Singh, who was charged with and tried for the offences punishable under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, 1959, was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- for the commission of offence under Section 302 of the Indian Penal Code. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for a period of two months. He was also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- for the commission of offence under Section 25 of the Arms Act. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for a period of one month.

(3.) The case of the prosecution, in a nutshell, is that PW.13 Joginder Singh made statement vide Ex.PG on 13.09.2000 at 11.00 PM to the effect that he was resident of village Nahri. They were four brothers and sisters. Name of his younger brother was Deepak. On 13.09.2000 at 11.00 AM, Deepak was playing in the street in front of their house situated at village Nahri. Deepak pinched the cheek of Ankit son of Jagdish, aged 3 years. Ankit went away towards his house weeping. Balwan Singh came on the spot with a knife in his hand. He was hurling abuses. He gave a blow in the middle of chest of Deepak. He ran away from the spot. They took Deepak to a hospital situated at Narela. However, the doctor refused to admit Deepak. Thereafter, they took him to Lok Nayak Jai Parkash Narain Hospital, Delhi. He succumbed to the injuries caused by knife within four hours of his admission in the hospital. Body was sent for post-mortem examination. FIR was registered. The investigation was completed and challan was put up after completing all the codal formalities.