RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 01.04.2004 rendered by the Sessions Judge, Ambala, in Sessions Case no.11 of 09.05.2003 whereby the appellant, who was charged with and tried for offences under Section 302 / 394 of the Indian Penal Code (in short " IPC "), was convicted thereunder. He was sentenced to undergo imprisonment for life and to pay a fine of Rs.2500/- for offence punishable under Section 302 IPC. He was also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2500/- for offence punishable under Section 394 IPC. In default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for a period of six months for each default. The sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that on 11.02.2003 Harish Kumar Kohli (complainant) left his house after breakfast. His wife Suman, who was a teacher in Army School, Ambala Cantt., along with her son Parteek had left for school before that. The complainant's mother Parkash Wati was alone in the house. Hari Ram, who was employed in Mehndiratta Hospital, went to the bank and gave information to the complainant that his mother was unwell. The complainant immediately rushed to his house. He saw that Dr.Mehndiratta was checking his mother. The complainant suspected that his mother had suffered a heart attack as she had suffered heart attack earlier also. The complainant noticed that ring, ear rings and bangles of both hands were missing. The complainant suspected that some unknown person had committed the murder of his mother and robbery of her jewellery. He made his statement Ex.PA to the police. The investigation was initially conducted by ASI Gurdial Singh. He inspected the spot. He prepared rough site plan. Inquest report was prepared. The body was sent for post-mortem examination. Further investigation was conducted by DSP Nripjit Singh. He inserted Section 394 IPC on 14.09.2003. He recorded the statements of Leela Devi and Shiv Kumar on 15.02.2003. He arrested the accused on 16.02.2003. Investigation was completed. The challan was put up after completing all the codal formalities.

(3.) Prosecution examined a number of witnesses. The statement of appellant was also recorded under Section 313 Cr.P.C. He had denied the case of the prosecution. Two witnesses were examined by him in his defence. The appellant was convicted and sentenced as noticed hereinabove. Hence this appeal.