KARAMVIR Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 30.04.1998 and order on sentence dated 13.05.1998 of learned Additional Sessions Judge in Sessions Case No.26/1997 by which the appellant Karamvir Singh was convicted for committing the offence punishable under Section 302/34 IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000/-.

(2.) THE police machinery was set into motion on 04.07.1985 when Daily Diary (DD) No.21 (Ex.PW17/A) was recorded at police post Madangir at 8:15 P.M. on getting information from an unknown individual that an accident had taken place at Devli Road. The investigation was assigned to Head Constable Hukam Singh who with Constable Jai Kishan reached the spot. Meanwhile SI Ajit Singh with Constable Paras Ram also went there. They came to know that the injured Jage Ram had already been taken to AIIMS. He was declared brought dead at AIIMS. Balraj (deceased's son), Hakim Singh (their driver) and Kuldip Singh were present there. SI Ajit Singh recorded Balraj's statement and he disclosed that on that day i.e.04.07.1985 about 8:15 P.M. his father Jage Ram was raising construction in the house at Jawahar Park. When he, Kuldip Singh were present near his car, Jage Ram went to make payment to Harpal Singh for the building material purchased from him. Soon thereafter, he heard Hakim's noise 'Maar diya'. On hearing the noise and his father's cries, they saw that Kaptan Singh and his son Karmvir Singh after alighting from their Maruti Car DIC-3289 were stabbing him (Jage Ram) with knives. They rushed to the place of occurrence. The assailants fled the spot in the car leaving his father in injured condition. He with the help of other persons took the victim to AIIMS where he was declared dead. The informant also attributed motive to the assailants for committing the murder.

(3.) HEAD Constable Radhey Lal with Constable Jeet Ram and two Homeguard Constables on patrol duty during the night intervening 4/5-7-1989 at about 4:45 A.M. intercepted the Maruti Car DIC-3289 coming from the side of Devili. Dharamvir, Vijender and Bhurey were there in that car. During the course of investigation, the body of the deceased was sent for post-mortem examination. Dr.S.D.Sharma (PW-28) conducted post-mortem examination of the body. The IO recorded the statements of witnesses conversant with the facts. Since the informant had named the accused, the police set out to apprehend them but in vain.