Mrs. Raj Rahul Garg, J.: - This appeal is directed against the judgment dated 31.01.2012 rendered by learned Sessions Judge, Kurukshetra whereby appellant-accused

2. Deepak Kumar was convicted for offence under Section 302 IPC. Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/-. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of one year. On receipt of Ruqqa, Ex. P10, on 15.06.2010, from Community Health Center, Shahabad regarding death of Vinay Chobey, Inspector Jai Pal Singh reached there and recorded the statement of complainant Daya Shankar @ Kripa Shankar Tiwari which is Ex. P-28. Complainant alleged that he was employed as driver in Gati Company. Vinay (deceased) was also employed as driver in the same company on container-1110 bearing registration No. UP-70-AT-3934. Subhash Pandey was second driver on the aforesaid vehicle. After loading postal parcels in the aforesaid container, they started for Gati Transport, Mohri, District Kurukshetra from Allahabad. The second driver Subhash Pandey had to go somewhere for his personal work so he was spared by the complainant at Lucknow (U.P.). Complainant and Vinay reached Gati Transport, Mohri on 14.06.2010 around 7.00 PM. At about 8.30 PM, they unloaded the postal parcels and after taking dinner, parked the vehicle in the street and they had gone to sleep in a room meant for drivers. Some other drivers were also sleeping in that room. At about 12.00 in the night, when Vinay was urinating near the room, accused- Deepak started abusing him and exhorted to teach a lesson for urinating there. Exchange of hot words had taken place between them. They started giving slaps and fist blows to each other. While fighting, both of them came in front of the godown. When complainant ran to separate them, accused- Deepak picked up a Danda, which was lying there, and gave blow on left costal margin and left shoulder of Vinay, due to which he fell down. While Vinay was lying on the ground, accused had also caused injuries to him. Thereafter, complainant raised alarm. On hearing the shouts, security guards Sandeep Kumar and Vikram Singh reached there whereas accused-Deepak had fled away from the spot along with the Danda. Vinay was got admitted in Government Hospital, Shahabad where he was declared as brought dead. On the basis of aforesaid statement, Ex. P-28, formal FIR, Ex. P-28/1, was registered. Inquest proceedings, Ex. P-34, were conducted. Dead body of Vinay and place of occurrence were got photographed (Ex. P-11 to Ex. P- 20). Post-martem examination of the dead body of Vinay was got conducted. Post-martem report is Ex. P-22. Doctor, who conducted the post-martem, handed over a sealed parcel containing wearing apparels of the deceased- Vinay which was taken into possession, vide recovery memo Ex. P-29. Rough site plan of the place of occurrence was prepared as Ex. P-35. The blood stained earth was lifted from the place of occurrence and converted into sealed parcel and then was taken into possession, vide recovery memo Ex. P-4. Blood stains were also lifted from the spot and after converting into a sealed parcel, police took into possession, vide recovery memo Ex. P-5. Pieces of glass, having blood stains lying at place of occurrence, were also lifted and converted into sealed parcel and then taken into possession, vide recovery memo Ex. P-6.

3. On 16.06.2010, accused-Deepak was arrested. On interrogation, he gave disclosure statement, Ex. P-7, in pursuance with which, he led the police party to bridge, G.T. Road, Mohri and got recovered Danda, Ex. P-36. It was taken into possession, vide recovery memo Ex. P-8. After converting the same into sealed parcel, rough sketch of Danda was prepared as Ex. P-8/1. Rough sketch plan of the place of recovery of Danda was also prepared as Ex. P-37. Thereafter, accused was got medico-legally examined. Sealed parcels