NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Naresh Kumar appellant stands convicted under Section 302, Indian Penal Code and has been sentenced to life imprisonment and a fine of Rs. 10,000/- or in default to undergo further R.I. for two years by the Sessions Judge, Narnaul, on November, 2, 1988. He appeals.

(2.) Smt. Naraini Devi deceased was the wife of Puran Chand P.W. who used to sell sugarcane juice on his cart at Rewari. His real brother Madan Lal is a vegetable and fruit vendor in the same town. They used to live with their families in village Katubpur in the outskirts of Rewari. It is alleged that there is a drain for dirty water in between the residential houses of Puran Chand PW and the accused Naresh Kumar. A nohra belonging to Puran Chand also falls in between the houses of the complainant party and the accused. Puran Chand and members of his family had placed some pieces of stones around the drain so that the people crossing over the drain may not spoil their clothes with the mud which was over-flowing from the drain.

(3.) The prosecution case is that on 2nd May, 1988, Kaushlya PW, daughter of Puran Chand came from her nohra, and the accused accosted her on the way and abused her in filthy language. Kaushlya called her mother Smt. Naraini Devi and told her that she was abused by the accused. He was reprimanded by Smt. Naraini Devi. This incident occurred at about 9.00 A.M. On 4th May, 1988, Puran Chand P.W. returned to his house after doing his job a little earlier. At about 4.30 P.M. on that day, Smt. Naraini Devi was carrying her daughter's son Kamal Kumar aged about 1-1/2 years and she was going to consult a doctor regarding his ailment. At that time, Puran Chand was following her just a few paces behind her. When Naraini Devi reached in front of the house of the accused, the latter came out of his house and inflicted six knife blows on different parts of her body. He also inflicted five knife blows to the child on his forehead, forearms, thigh and lumber region. On receipt of injuries, Naraini Devi fell down along with the child in front of the house of the accused in a pool of blood. On hearing the alarm raised by Puran Chand Hoshiar Singh alongwith Madan Lal came to the spot and they also witnessed the occurrence. The accused after hitting the deceased persons ran away from the spot with the knife. Puran Chand removed the deceased to the Civil Hospital, Rewari. Smt. Naraini Devi expired as soon as she reached the hospital. The child was, however, referred to Safdarjang Hospital, New Delhi for better treatment. On receipt of intimation from the doctor, Sub-Inspector Shiv Narain went to the said hospital and recorded the statement Ex. PO of Puran Chand, on the basis of which formal FIR Ex. PO/2 was recorded at Police Station Sadar Rewari. The Investigating Officer held inquest and sent the dead body of Smt. Naraini Devi to the mortuary for autopsy. He also lifted blood-stained earth from the scene of occurrence. The accused was searched but he was not available. He was, however, subsequently arrested on 6.5.1988. The clothes Ex. P. 6 and Ex. P. 7 of the accused being blood-stained were removed from his person and taken into possession vide memo Ex. PO. On interrogation by Shiv Narain S.I. the accused suffered disclosure statement leading to the recovery of knife Ex. P. 1 from the specified place of concealment. The child also died in the hospital due to the injuries on 7.5.1988 at 12.30 A.M. An inquest was prepared and dead body of Kamal Kumar was sent to the mortuary for autopsy.