PRADEEEP KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the appellant Pradeep Kumar under Section 374 (2) of Cr.P.C., the judgment dated 13th of April, 2012 passed by learned Sessions Judge, Churu in Session Case No. 7/2011 (05/2011) is under challenge, whereby the accused appellant was convicted for offence under Section 302 of IPC and sentenced to imprisonment for life along with fine of Rs. 5000/- with default stipulation to further undergo six months additional simple imprisonment.

(2.) Briefly stated, the facts of the case are that complainant-Mukhram (PW.4) submitted a written complaint (Ex.P/3) at Police Station-Bhanipura, District Churu on 16.12.2010 alleging therein that his daughter, namely, Suman, was married with accused appellant Pradeep Kumar about two years back and after the marriage she used to reside at her in-laws' house. After one year of the marriage, a son was born and thereafter she was regularly visiting his house. As per FIR, before one and half month on the eve of Deepawali, Suman came back from her in-laws' house and after Deepawali, she was to back to her matrimonial home, but did not go because his son-in-law, Pradeep Kumar (appellant) went Gujarat in connection with employment. As per allegations in the complaint, there was some dispute in between Suman and appellant for which "Panchayat" was also held. It is alleged by the complaint that on 15.12.2010 at about 05.00 pm accused appellant-Pradeep came to take his daughter, Suman back and in the night after taking dinner he slept. On the next date i.e. on 16.12.2010 accused appellant went to his brother Prakash Das and told him that if your niece, Suman will not live properly, he will not take her back with him. His brother Prakash Das tried to reason with Pradeep and asked him not to create problem and advised him to live peacefully. In the meanwhile, complainant's son, namely, Surjeet and daughter, Suman also came there. His daughter, Suman asked Pradeep that upon insistence of other persons, you are unnecessarily having doubt on my character. On this, appellant annoyed and left the house and while leaving the house, he threatened his daughter and son Surjeet that he will see them. According to complainant, after this incident, the complainant and his brother went to their agricultural field for doing work and in the evening at 5'O Clock, appellant Pradeep came back to the house. At that time, complainant's son, Surjeet was doing some work in the house. The accused appellant inflicted one injury on the chest of Surjeet by knife and thereafter ran behind his wife Suman to cause injury.

(3.) On hearing the commotion, complainant's mother Smt. Vidhya Devi, Govind (son of Prakash Das) and Sarla (daughter of Prakash Das) intervened and on seeing them, appellant ran away from the place of occurrence. In the meanwhile, neighbour Vikas came and immediately informed complainant and his brother who were working in their agricultural field, upon receiving the aforesaid information, he immediately reached his home, where whole incident was narrated to him by his mother Vidhya Devi. It was further reported by the complainant that blood was oozing out from the chest of his son, Surjeet, therefore, he was immediately taken to the Govt. Hospital, Sardarsahar in a jeep of one Sahab Ram. However, when they reached at Govt. Hospital, Sardarsahar, the deceased died on account of injury caused by accused appellant by knife.