ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Ashok Kumar has preferred this appeal against judgment/order dated 21.5.2001 passed by the learned Additional Sessions Judge, Ludhiana convicting him under Section 302 IPC and sentencing him to undergo Rigorous Imprisonment for life and fine of Rs.5000/- and further, in default of payment of fine, further rigorous imprisonment for one year.

(2.) Case of the prosecution is unfolded by the statement (Ex.PH) given by Raj Kumar (PW5) S/o Balwant Singh, Caste Balmiki to SI/SHO Balbir Singh(PW8) on 20.6.1999 at 1.30 AM in the area of Bus Stand, Khanna. Raj Kumar (PW5) stated that he was resident of Near Old Electric Office, Khanna and used to ply rickshaw. They were three sisters and two brothers. His sister Sunita Rani was earlier married with Beg Raj R/o Kheuri, District Muzzaffar Nagar about five years back. About three years back, Sunita Rani divorced her earlier husband and started residing with them at Khanna. She gave birth to a daughter namely Rajji about two and half years back. She (Sunita Rani) started serving in Kabza Factory at Khanna for the last about one and half years, where she developed intimacy with a factory worker named Ashok Kumar S/o Sagheshar Ram Harijan, R/o Teldian, P.S. Udha, Kishan Ganj, District Madhopur (Bihar). They were married for about last one year. He further stated that his sister and brother-in-law were earlier residing in the Kabza Factory and after two months of their marriage, they went to their village Teldian (Bihar). Now, for the last about one and half months, they both have returned to Khanna and started living on rent by taking a room in the house of one Sham Lal bearing No.37, Mohalla Narotam Nagar and his brother-in- law started plying rickshaw. He stated that on 19.6.1999, in the evening at about 7.00 PM, his sister and her daughter Rajji came to their house to meet them. At about 10.00 PM, his brother-in-law (behnoi) Ashok Kumar reached their house with his rickshaw and started asking Sunita as to why she had come there without his consent and permission. He told them not to quarrel and should go to their house. Then Ashok Kumar started telling to teach her a lesson on reaching the house. Ashok Kumar made Sunita to sit on his rickshaw and while grumbling proceeded at Narotam Nagar. His mother Somi Devi told him that Ashok Kumar would beat Sunita Rani and, therefore, they both followed them in their rickshaw to Narotam Nagar and reached the house of Ashok Kumar. Where, they saw that Ashok Kumar had picked up a danda from the room and gave blow on the head of Sunita Rani, who was standing in the court yard, which hit on her left temple. Sunita Rani fell on the ground in the court-yard. Blood started oozing out of her mouth and as soon as they rushed to take care of her, she breathed her last. Ashok Kumar ran away from the spot by throwing the danda. Raj Kumar stated that the motive behind the crime is that Ashok Kumar used to restrain his sister Sunita Rani from visiting their house and used to tell her not to meet them.

(3.) On the basis of Raj Kumar's statement, FIR No.95 dated 20.6.1999 (Ex.PH/2) was recorded at P.S. Khanna at 1.40 AM and the said report reached JMIC, Khanna at 3.00 AM at his residence on 20.6.1999. Danda stained with blood, which was lying at the spot, was taken into possession vide memo Ex.PF. Sample of the bloodstained earth from the place of occurrence was taken into possession vide Ex.PG. Post mortem was conducted on 20.6.1999 at 10.20 AM by Sh. M.K. Singla(PW1). Report of the FSL, Punjab, Chandigarh was exhibited as Ex.PL, which reveals both 'Danda' and 'Blood stained earth' to be stained with human blood.