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2011 DIGILAW 172 (PNJ)

Sukhpal v. State Of Haryana

2011-01-17

KANWALJIT SINGH AHLUWALIA

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Judgment Kanwaljit Singh Ahluwalia, J. 1. Sukhpal was named as an accused in case FIR No. 37 dated 27.4.2000, registered at Police Station Jakhal, District Fatehabad. He was tried by Additional Sessions Judge, Fatehabad and was held guilty of offence under Section 304 Part II IPC for causing death of his mother Bhagwan Kaur. The appellant was sentenced to undergo RI for seven years and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to undergo further RI for six months. 2. It has come in evidence that the present appellant was a habitual drunkard. On 26.4.2000 at about 2.30 P.M., Bhagwan Kaur and her husband Gurcharan Singh (parents of the appellant) were present in the fields when the appellant came there under the influence of liquor and started abusing them. After Gurcharan Singh restrained him from doing so, the appellant lifted a kulhari lying there and gave a blow on the right foot of Bhagwan Kaur from its reverse side. He gave another blow on her right hand. Bhagwan Kaur raised an alarm. On hearing the noise, her husband came forward. Within his sight, the accused gave a kulhari blow from its reverse side on the right ear of Bhagwan Kaur and thereafter he ran away from the spot. The statement of Bhagwan Kaur was recorded as Ex.P1 wherein she named her son as the assailant. 3. Occurrence in the present case had taken place on 26.4.2000 at about 2.30 p.m. Statement of Bhagwan Kaur was recorded in the General Hospital, Tohana on 27.4.2000 at 2.30 p.m. Dr. H.L. Gupta, M.O., CHC, Jakhal, PW3 medico-legally examined Bhagwan Kaur, aged 60 years, on 26.4.2000 and found the following injuries on her person:- 1. A lacerated wound 1-1/4 inch x = inch in size on the right forearm 4 inches above the wrist joint. Fresh bleeding was present. There was another lacerated wound obliqually placed 1x = inches in size underlying bone was fractured. Advised X-ray. 2. A lacerated wound 1 inch deep on the antriolateral as pect of the right leg just below the knee. Underlying bone was fractured. Advised X-ray. 3. A lacerated wound 1 x 1-1/2 inches in size back of the right ear pinna. 4. A lacerated wound 3 inches x = inches in size on the temporal region on the scalp just behind the right ear. 4. Underlying bone was fractured. Advised X-ray. 3. A lacerated wound 1 x 1-1/2 inches in size back of the right ear pinna. 4. A lacerated wound 3 inches x = inches in size on the temporal region on the scalp just behind the right ear. 4. Statement Ex.P1 was recorded by ASI Ajaib Singh PW4 on 27.4.2000. On 4.5.2000, Bhagwan Kaur died and her autopsy was conducted by Dr. Harvinder Singh PW2. The statement Ex.P1 made by her has been treated and relied upon by the trial Court as dying declaration. Gurcharan Singh, PW6, father of the appellant, appeared and supported the dying declaration and has stated in categoric terms that the appellant took up a kulhari lying in the fields and caused injuries to his mother. He has further stated that the appellant is habitaul of taking liquor. 5. Shri Rahul Vats, Counsel appearing for the appellant, has very fairly stated that since dying declaration made by the deceased is fully supported by the testimony of father of the appellant, Gurcharan Singh PW6, he is not in a position to assail the conviction. However, in the present case, occurrence had taken place in the year 2000; the appellant is in the corridor of Courts for the last more than 10 years, therefore, sufferance of protracted trial should be taken as a mitigating circumstance. However, this Court cannot become oblivious of the fact that the appellant has caused injuries to his own mother and that too under the influence of liquor, so taking into consideration the sufferance of protracted trial as a mitigating circumstance and causing injuries to his own mother as an aggravating circumstance, this Court is of the view that the ends of justice will be fully met in case 7 years RI is reduced to that to 5 years RI. Ordered accordingly. However, the sentence of fine and the default clause shall remain unaltered. 6. With the above modification in the sentence, the present appeal is dismissed. Appeal dismissed.