HANIF KALANDAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Hanif Kalandar has preferred the present appeal against the judgment of conviction dated 05.09.2008 and order of sentence dated 08.09.2008, passed by the Addl. Sessions Judge, Yamuna Nagar at Jagadhri, vide which he has been held guilty for the offence punishable under Section 302 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.6,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Brief facts of the prosecution case are that on 07.10.2007, on receiving a telephone call from Police Station City Jagadhri about the death of Shano, Sub Inspector Ashok Kumar, SHO, Police Station Sadar, Jagadhri, alongwith other police officials, after collecting medical ruqa and Medico Legal Report of Shano, reached Civil Hospital, Jagadhri where Lado wife of Nazir got recorded her statement to him on 08.10.2007 which was completed at 12:30 a.m. In her statement, she stated that Shano was her sister, who about 15/16 years ago had gone of her own will with Hanif Kalandar and had married with him. They have two sons and two daughters. About 6-7 days ago, Shano alongwith her husband and children had come to meet them (complainant) at their house. Hanif Kalandar used to do the work of magician and was habitual of drinking. Shano always told Hanif Kalandar not to drink wine. On 07.10.2007, Hanif Kalandar, after drinking liquor, came to complainant's hut, on which Shano asked him why you have consumed liquor and the verbal altercation took place between them.

(3.) At about 9/9:30 p.m., while fighting, Hanif Kalandar took a knife, which was placed in the hut, and hit complainant's sister Shano, who, to save herself, raised her right arm and the knife hit her right arm. Hanif Kalandar again attacked on Shano with the knife which again hit her right arm. After that Hanif Kalandar attacked on Shano's neck with the said 'Dagger' (knife), on which complainant tried to save her sister and shouted and then he left her hut alongwith the said dagger.