PURAN MASSI Vs. STATE

JUDGEMENT

(1.) This appeal by Puran Massi is directed against the judgment dated September 28, 1993 of an Additional Sessions Judge whereby he was convicted under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 . In default of payment of fine he was to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on April 23, 1990 information in regard to Chhedi Ram having been brought dead to GTB Hospital by Krishan Pal, Duty Constable Public Witness 16 was recorded in Daily Diary No. 30-A at Police Station Seelam Pur and a copy thereof Ex. Public Witness 8/A was made over to SI Brij Mohan Public Witness 8 for necessary action. Public Witness 8 alongwith Inspector Surjit Singh, Public Witness 18 and Constable Bhagwati Prasad Public Witness 19 reached House NO. D-61, New Seelam Put. There Smt. Bimla Devi Public Witness 2 met Public Witness 18 and he recorded her statement Ex. Public Witness 1/A to the effect that her husband is a rickshaw- puller. Her brother-in-law (Jeth) Puran Maasi and her husband were having strained relations with each other. Her brother-in-law Puran Maasi had threatened to kill her husband as he also claimed share in the domestic goods. That night she alongwith the children was sleeping inside the room. Her husband was sleeping on a cot on the chabutara outside the room. Her uncle too was sleeping on the chabutara. Electric bulb fitted outside the room was on. At about 1.45 A.M. on hearing some sound outside, she woke up and saw her brother in law Puran Maasi having a gandasi in his hand. He gave blows with that gandasi on the neck of her husband Cheedi Ram. He gave one two more blows with that gandasi to him and thereafter fled away alongwith the gandasi towards his house. Her husband cried. She also cried. Her husband started bleeding profusely from the neck. On hearing the cries her uncle Chinkant got up. Her neighbors Gorakh Sonar, Amar Nath and others also reached there. Her uncle Chinkat too saw her brother-in-law Puran Massi running towards his house. Amar Nath, Gorakh Sonar and her uncle Chinkant took her husband to GTB Hospital.

(3.) After making endorsement Ex. Public Witness 18/A statement Ex. Public Witness 1/A was sent by Public Witness 18 through Public Witness 19 for registration of the case at 3.45 A.M.and on the basis thereof FIR (Carbon copy Ex. Public Witness 13/A) was recorded by HC Ramji Lal Public Witness 13. Blood stained earth, control earth and hair lifted from the spot after converting into separate parcels and sealing with the seal of "SS" were taken into possession vide seizure memo Ex. Public Witness 18/B by Public Witness 18. MLC of Chhedi Ram Ex. Public Witness 5/A was collected from GTB Hospital by Public Witness 8.