Surinder Gupta, J. - (1.) THE appellant faced trial for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and was convicted and awarded sentence of imprisonment for life and to pay a fine of Rs. 1,000/ - in default of payment of fine to further undergo rigorous imprisonment for three months. Brief Facts The police registered the case on the statement of Dalbir son of Pania Ram, resident of village Mehanda. The appellant who is from the brotherhood of complainant Dalbir, was married to Kavita daughter of Jai Lal, resident of Siwani. The relations of the appellant with his wife were strained. On 20.06.2001, the parents of Kavita brought a Panchayat to village Mehanda and Panchayat decided to severe the relations of the appellant and his wife Kavita. The entire dowry articles were taken back to Siwani by the parents of Kavita.
(2.) ON the same day, at about 08.00 P.M., Bhoop Singh (since deceased) brother of complainant along with Rajesh son of Ram Chand, Jai Bhagwan son of Chhotu, Jagbir son of Bhana and Bijender son of Nanu Ram were going towards the house of Sarpanch and complainant was behind them. On reaching in front of the house of appellant, the deceased told him that the decision of his in -laws in the Panchayat was not proper. They have taken away his wife along with all the dowry articles severing all their relations with him. This infuriated the appellant and he abused the deceased and asked him why he was making fun of him, as it was the deceased who had served tea to his in -laws in the Panchayat. Saying this, he attacked Bhoop Singh with a knife like strip and gave a blow on the left side of his chest and another blow in the middle of the chest. Bhoop Singh tried to run away but fell down. The appellant caused another blow to Bhoop Singh on the right side of his back, while he was lying on the ground. The persons accompanying him raised noise, at which the appellant ran away from the spot but was followed by Rajesh and Jai Bhagwan, who with the help of villagers caught him. The complainant, Jagbir and Bijender took care of Bhoop Singh and found that blood was oozing out from the chest injury. They immediately called a four -wheeler and took Bhoop Singh for treatment to Govt. Hospital, Hansi where Bhoop Singh was declared 'brought dead'. The matter was reported to the police. Balbir Singh SHO recorded the F.I.R. on the statement of complainant and the appellant who had been apprehended at the spot, was taken in custody. After completion of investigation, the final report under Section 173(2) Code of Criminal Procedure (for short 'Cr.P.C.') was submitted in the Court of Sub Divisional Judicial Magistrate, Hansi. The copies of the documents as required under Section 207 Cr.P.C. were supplied to the appellant and finding a prima facie case for the offence punishable under Section 304 IPC, the case was committed to the Court of Sessions for trial vide order dated 10.09.2001.
(3.) THE trial Court found a prima facie case for the offence punishable under Section 302 I.P.C. against the appellant and framed the charge against the appellant accordingly to which he pleaded not guilty and claimed trial.;