SUPREME COURT OF INDIA
DHARAMBIR @ DHARMA vs STATE OF HARYANA
Criminal Appeal No 1858 of 2009 On 16 April 2024
Hon'ble Judges: B.R. Gavai, Sandeep Mehta
Case Type: Criminal Appeal
Final Decision: Application disposed
Advocates:
Citations:
2024 0 CJ(SC) 201
ACTS REFERRED:
Code of Criminal Procedure, 1973, Section 313
Indian Penal Code, 1860, Section 302
(A) Code of Criminal Procedure, 1973, Section 313 - Power to examine the accused(B) Indian Penal Code, 1860, Section 302 - Punishment for murder font-size: 16px;" > Vide judgment and order dated 3rd May, 1999, learned
Sessions Judge, Bhiwani convicted the appellant for the offence
punishable under Section 302 of the Indian Penal Code, 1860
(hereinafter referred to as 'IPC') and by an order of sentencing
dated 10th May, 1999 awarded sentence of life imprisonment and
fine of Rs.500/-, in default of payment of fine, to further undergo
rigorous imprisonment of six months to the appellant.
The appellant challenged the said judgment by filing Criminal
Appeal No.
Judgement Text
1. Vide judgment and order dated 3rd May, 1999, learned
Sessions Judge, Bhiwani convicted the appellant for the offence
punishable under Section 302 of the Indian Penal Code, 1860
(hereinafter referred to as 'IPC') and by an order of sentencing
dated 10th May, 1999 awarded sentence of life imprisonment and
fine of Rs.500/-, in default of payment of fine, to further undergo
rigorous imprisonment of six months to the appellant.
2. The appellant challenged the said judgment by filing Criminal
Appeal No. 259-DB of 1999 in the High Court of Punjab and
Haryana at Chandigarh. The Division Bench rejected the appeal
vide judgment dated 21st April, 2008 and affirmed the judgment
and order of conviction and sentence passed by the trial Court.
Brief Facts: -
3. The prosecution case in nutshell is that on 5th June, 1998, at
around 08:30 a.m., deceased Karambir, his brother Krishan
Kumar (PW-5), Ravinder (PW-6) and Mahender (PW-7) along with
two acquaintances (Mahender and Suresh) had gone to Prabhat
Cinema, Bhiwani. At about 11:30 a.m., the accused appellant who
was also present there, thrust a knife in the chest of Karambir
causing his instantaneous death and escaped leaving the knife
behind. The motive attributed to the accused appellant for
committing the offence was that he bore a suspicion in his mind
that deceased Karambir