RAJESH KUMAR @ MOHNI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal arises out of judgment dated 19.10.2002 passed by the learned Sessions Judge, Sangrur, whereby the Appellant was convicted for the offences punishable under Sections 302 IPC i.e. for causing death of Gurmit Singh and under Section 323 IPC i.e. for causing injury to Amarjit Kaur. The Appellant has been sentenced to undergo life imprisonment under Section 302 IPC and to pay a fine of Rs. 2000/-. In default of payment, the Appellant was directed to further undergo rigorous imprisonment for a period of two years. The Appellant was also sentenced to undergo rigorous imprisonment for a period of three months under Section 323 IPC.

(2.) The prosecution case was set in motion on the basis of statement (Ex.PK) of Jagan Singh, father of deceased Gurmit Singh recorded by ASI Anokh Singh on 30.4.2000 at 11.55 PM. On the basis of such statement, a ruqa was sent to the Police Station Kotwali, Sangrur by ASI Anokh Singh. On receipt of such ruqa, FIR Ex. PK/2 was lodged by ASI Joginder Singh. The special report was received by the learned Judicial Magistrate on 1.5.2000 at 6.30 AM. The inquest proceedings were completed by ASI Anokh Singh vide Ex.PH on 1.5.2000. The post mortem on the dead body of Gurmit Singh was conducted by PW-4 Dr. Ravinder Bansal. He has found as many as 7 stab wounds i.e. 03 on the chest, 03 on the abdomen and 01 on left thigh. He has deposed that possibility of injuries with Ice Picker (Sua) Ex.P-1 cannot be ruled out. Amarjit Kaur, mother of the deceased was medico-legally examined by PW-2 Dr. Parbhat Kumar on 30.4.2000 at Civil Hospital, Sangrur and reddish swelling 2 cm x 2.5 cm with lacerated wound 1/2 cm x 1/2 cm on the front of upper part of left cheek in zygomatic area and left lower eyelid with fresh and clotted blood was found.

(3.) Jagan Singh, father of the deceased in his statement Ex.PK stated that he has four children i.e. three sons and one daughter. The eldest was Gurmit Singh, who was married and working with him on lathe machine. He has further stated that Rajesh Kumar @ Mohni used to visit to Gurmit Singh to their house, but he has not been coming to their house from several days. On the date of incident, at about 8.30 PM, when he reached home from workshop, he saw in the light of a bulb affixed outside the house that Rajesh Kumar armed with a Sua (used for breaking ice) in his right hand and accompanied by two boys having heir cut, whose names he did not know, but can identify. Both the unidentified boys had caught hold of his son Gurmit Singh from arms. The Appellant was saying that you had insulted him by stopping him from coming to their house. Today he will not spare him (Gurmit Singh). Both unidentified boys were also exhorting not to spare Gurmit Singh. His wife Amarjit Kaur was also present at the spot and was trying to rescue Gurmit Singh. In the meantime, within his sight, Rajesh Kumar @ Mohni gave several blows of Sua on Gurmit Singh. Three blows of Sua hit on the left side of chest of Gurmit Singh, one on the left side of flank, two on the abdomen and one on the left thigh. Rajesh Kumar also inflicted blows from the handle of Sua on the chest of Gurmit Singh. Rajesh Kumar also caused injury on the left cheek of his wife Amarjit Kaur with the handle of Sua. Gurmit Singh raised noise to save him. But all the assailants ran away alongwith Sua from the spot. In the meantime, his relative Krishan Singh son of Ujjagar Singh came and they after making arrangement of vehicle, got admitted Gurmit singh in the Civil Hospital, Sangrur, where he died after five minutes.