BRAHMA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Additional Sessions Judge, Gurgaon dated 16/20.1.1997 whereby, he convicted appellant Brahma Nand under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2000/ -. In default of payment of fine, to further undergo R.I. for six months.

(2.) THE case of the prosecution is unfolded by the statement of Balraj Singh son of Sohan Lal (Ex.PC) given to Vidya Nand A.S.I, at Police Post Dundahera on 2.7.1995. Balraj Singh stated that he was a driver with a Housing Company in DLF Phase -I and his brother Prem Singh was also a driver in the same Company. On the night intervening 1.7.2005/2.7.2005, there was a marriage party in their Mohalla. All his family members were awake to see the Barat. Both his brothers Prem Singh and Pardeep were sitting in front of the house. Balraj Singh along with the other family members were on the roof of the house. On 2.7.1995 at about 1.00 A.M., Brahma Nand came to his brother Prem Singh and demanded a match box. Prem Singh asked his younger brother Pardeep to fetch the match box. In the meantime, Brahma Nand started quarreling with Prem Singh. Balraj Singh and Pardeep came out of the house. Brahma Nand, who was armed with a kirpan, gave a blow on the left side of his abdomen of Prem Singh. Thereafter, he gave kirpan blows on the chest, near the right nipple and on the frontal aspect of the neck and on the upper part of the right hand of Prem Singh. On hearing the noise, Sher Singh son of Surjan, who also witnessed the occurrence, came to the spot. When all the three tried to rescue Prem Singh and tried to overpower Brahma Nand, Sher Singh also sustained injuries. Brahma Nand could not be caught and he fled away.

(3.) APPELLANT when examined under Section 313 Cr.P.C., took a plea of self defence. He stated that the deceased was abusing the Barat party and he asked him not to do so and to keep the dignity of the village. Deceased then started abusing him also and when he protested, Prem Singh and Sher Singh started beating him with lathis. In order to save his life, he wielded a small knife in self defence and inflicted injuries on the person of Prem Singh. Otherwise, the complainant party would have killed him. Appellant received injuries and was medically examined. He himself surrendered before the police The police in collusion with the complainant party has falsely implicated him in this case. The witnesses are relations and no independent witness come forward to give evidence against him as he was innocent.