PAWAN ALIAS PONNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is instituted against judgment dated 17.5.2003 and order dated 21.5.2003, rendered by Sessions Judge, Hisar, in Sessions Case/ Trial No. 65 of 2001, vide which appellant Pawan alias Ponny along with his co-accused Ashok Kumar alias Ashoki was charged with and tried for the offence punishable under Sections 302/34 IPC. Appellant Pawan alias Ponny was convicted and sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of ' 2,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for three months. Co-accused Ashok Kumar @ Ashoki was convicted and sentenced under Section 323 IPC to undergo rigorous imprisonment for one year and to pay fine of ' 1,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) The case of the prosecution in a nutshell is that on 5.9.2001 at 3.10 P.M., Prem injured was brought to General Hospital, Hisar, by his father Nathu Ram, cousin brother Ramesh Kumar and maternal uncle Ram Lal. Dr. Sanjay Sheoran treated him and then referred the patient to higher medical centre for further management vide reference slip, Ex.P10. He was removed to CMC at 5.00 P.M. He was declared dead at 5.30 P.M. FIR, Ex.P5, was registered. Dead-body was sent for post-mortem examination. The cause of death was due to shock and haemorrhage as a result of injuries. The injuries were ante-mortem in nature and were sufficient to cause death in ordinary course of nature. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were recorded under Section 313 Cr.P.C. They denied the case of the prosecution. They were convicted and sentenced, as noticed above. Hence, the present appeal. Accused Ashok Kumar @ Ashoki appears to have not filed any appeal.