VIPIN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant, hereinafter referred to as 'the accused', challenges his conviction under Sec. 302 of the Indian Penal Code, hereinafter referred to as 'IPC' for short, for committing the murder of his father Chinga Ram, on 22.2.2007.

(2.) Prosecution case is that the accused started quarrelling with his mother PW-3 Krishni Devi, threatening her that he would commit suicide by consuming poison or would kill her and his father, as she had insulted/humiliated him in public. The accused took out a tube containing aluminium phosphide, but it was snatched by his mother PW3 Krishni Devi. The accused then took out a Darat (sickle), which was also snatched by his mother. In this process, she sustained injury on her right hand as she had held it by the sharp end. When the deceased intervened, the accused threatened to kill him and assaulted him with a hammer hitting him on his head. PW-3 Krishni Devi then went to the house of PW-2 Surender Singh and PW-5 Pradeep Kumar, who were their neighbours, to seek their intervention, but when she returned with them, they noticed the deceased was dead lying in a pool of blood with his face downwards. The accused was found missing from the house. He was seen by PW-9 Kushal Singh on the road, whom he informed that he had committed a 'bad act'.

(3.) Before we proceed to consider the evidence further, we notice that this is an unfortunate case, where a son has killed his father, the mother being the only witness to the incident has resiled from her statement under Sec. 161 Cr. P.C. and has turned hostile.