GURDEEP SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANT -Gurdeep Singh challenges his conviction under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Baljit Singh and violation of Section 27 of the Arms Act, 1959, vide judgment dated 15th March, 1999 in Sessions Case No. 30/98 arising out of FIR No.946/1997, Police Station Patel Nagar. By order on the point of sentence dated 16th March, 1999, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.500/ - under Section 302 IPC. In default of payment of fine, he has to undergo six months rigorous imprisonment. For the offence under Section 27 of the Arms Act, he has been sentenced to undergo rigorous imprisonment of three years and fine of Rs.200/ -, in default of which, he has to undergo rigorous imprisonment of three months. Sentences have been ordered to run concurrently and benefit of Section 428 of the Code of Criminal Procedure, 1973 has been directed to be given.

(2.) THE occurrence in question had taken place on 15th October, 1997 at about 9.45 p.m. near Lal Mandir, Baljit Nagar in West Patel Nagar. The prosecution has relied upon testimony of the eye witness Devinder Singh (PW -12), dying declarations made by the deceased to Parabhjeet Singh (PW -6) and Amrik Singh (PW -10) immediately after the occurrence, recovery of knife pursuant to disclosure statement under Section 27 of the Evidence Act, 1872, abscondence of the appellant immediately after the occurrence and motive.

(3.) DEVINDER Singh (PW -12) has deposed that on 15th October, 1997 at about 9.45 pm while returning from West Patel Nagar after buying ice -cream and upon passing Lal Mandir, Baljit Nagar, he spotted the appellant armed with a knife, chasing deceased Baljit Singh. Baljit Singh solicited PW -12 to save him from the appellant. But when PW -12 tried to intervene, the appellant tried to assault him. Appellant gave 2 -3 knife blows to Baljit Singh. PW -12 escaped and ran towards the house of Baljit Singh and informed his father and brother. Thereafter, he went to his own house and returned to the spot along with his father. He was told that Baljit Singh had been taken to a hospital by Amrik Singh. Thereupon, he along with his father went to the hospital. Father of Baljit Singh had also reached the hospital. Baljit Singh had been taken to Ward No.12, where he was declared dead after sometime. On the basis of statement (Ex.PW1/A) made by PW -12, rukka was prepared and the FIR in question was registered.