The court upheld the conviction under Section 302 IPC based on credible eyewitness testimony and corroborative forensic evidence linking the appellant to the murder.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The instant appeal is directed against the verdict drawn on 13.03.2019, upon Sessions Case No.SC/11/2019, instituted on 18.01.2019/ 28.02.2019, by the learned Additional Sessions Judge, Kaithal, wherethrough, in respect of a charge drawn for an offence punishable under Section 302 of IPC, he recorded a verdict of conviction against the convict. Moreover, through a separate sentencing order of 14.03.2019, the learned trial Judge concerned, imposed, upon, the convict the substantive sentence of 14 years of rigorous imprisonment.

2. The period spent in prison by the convict, during investigation or trial, was, in terms of Section 428 of Cr.P.C., ordered to be set off from the above imposed substantive sentence(s) of imprisonment, upon the convict.

3. The convict becomes aggrieved from the above drawn verdict of conviction besides also becomes aggrieved from the above drawn order of sentence, thus, he is led to institute thereagainst the instant appeal before this Court.

FACTUAL BACKGROUND

4. The case of the prosecution is that, on 21.10.2018, one telephonic information was received from Police Station, Civil Lines, Kaithal, with regard to death of Mandeep Kumar son of Mahabir (deceased), after his admission to Cygnus Hospital, Kaithal, as a result of his sustaining injuries in a fight/quarrel. On receipt of this information, Inspector Rohtash Kumar (PW14) along with Sub-Inspector Pala Ram, Assistant Sub-Inspector Jaipal (PW1), Assistant Sub- Inspector Kitab Singh, Exemptee Head Constable Bhupender Singh and Special Police Officer Naresh Kumar reached Cygnus Hospital, Kaithal, in Government vehicle bearing registration No. HR08Y-2763, driven by Exemptee Assistant Sub-Inspector Dharambir Singh. There they found Sub-Inspector Rajphool (PW13) and Exemptee Assistant Sub-Inspector Ram Kumar. Written information ‘Ex.P16’ bearing No.31308 dated 21.10.2018, with regard to Mandeep being brought dead to the hospital, was obtained. Near the dead body of deceased Mandeep, complainant Mandeep Kumar (PW11) son of Suresh Kumar was found, whose statement ‘Ex.P40’ was recorded, wherein he alleged that he was a student in Government Industrial Training Institute, Kaithal; that on 21.10.2018 (today) at about 11:30 hours, he along with Aman (PW12) son of Ramphal and Mandeep son of Mahabir (deceased), went to the fair of Baba- Rajpuri in village Baba-Ladana on black motorcycle make Platina bearing registration No. HR31N-8851; that motorcycle was being ridden by Mandeep (deceased); that after paying obeisance at Baba-Rajpuri fair, at about 13:30 hours, when they travelled a distance of about half a kilometer on the road leading from village Baba-Ladana to village Garhi, from the side of village Garhi, seven persons came on two motorcycles who had muffled their faces and all of a sudden, they parked their motorcycles in front of the motorcycle of the complainant side and after stopping motorcycle of the complainant side, one of those boys took out the key of the motorcycle of the complainant side; that the complainant identified one of those boys as accused 'S', who all of a sudden, gave an iron pipe blow on the head of the deceased towards left on temporal region; that deceased Mandeep Kumar fell on the road and then the other accomplices of 'S' attacked the deceased with ‘knives’ and ‘rod’; that when complainant and Aman Kumar started rescuing the deceased, injury was sustained by the complainant on little finger of his right hand; that alarm raised by the complainant side attracted the passersby, who came to the spot and at their sight, accused along with their respective weapons fled awar from the spot towards village Garhi, on their motorcycles; that thereafter, members of the family of the complainant side came to the spot; that the deceased was shifted to Government Hospital, Kaithal, from where after treatment, d