PRITAM SINGH @ KAKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.05.2008 passed by learned Additional Sessions Judge, Nawanshahr in case No. 43 of 2005 by which the accused appellant has been convicted under Section 302 IPC. Learned trial court has sentenced the accused/appellant to undergo R.I. for life and to pay a fine of Rs. 10,000/-, in default to suffer RI for a period of one year more. Aggrieved, this appeal has been filed.

(2.) The case of the prosecution in short, is that on the basis of the statement (Ex. PF) of PW 4 Surjit Singh as recorded by PW-8 SHO Naveen Pal Singh in the police post at Asron, formal FIR (Ex. PF/2) was recorded. The aforesaid statement made by PW-4 Surjit Singh was to the effect that on 0808.2004 at about 10.00 a.m. while the complainant along with his son Inderjit Singh were working in their fields, the accused/appellant came and informed them that Amrik Singh (deceased) to whom the accused had leased out his land, had irrigated the land excessively and had flooded the fields of the accused as a result of which a ditch/pit had been formed in the field belonging to the accused. According to the complainant, the accused had informed him that he was going to kill Amrik Singh and fill the ditch/pit by burying his dead body. According to complainant, he tried to reason out with the accused and requested him to amicably resolve the dispute, but the accused/appellant replied that he was going to settle the matter and for this purpose he had brought an axe along with him. The complainant had further stated that accused/appellant refused to listen to the complainant and went towards the village when he met Amrik Singh coming from the village towards the field. Thereafter, according to the complainant, the accused abused Amrik Singh and immediately gave 3-4 blows on the head of Amrik Singh with the axe that the accused was carrying. As a result of aforesaid assault, the deceased died on the spot.

(3.) After registration of the FIR investigation was carried out by PW-8. Inquest was held and the dead body was sent for post mortem examination. Site plan (Ex. PK) was prepared and after the arrest of the accused which was made on the same day, the disclosure statement (Ex. PM) made by him was recorded. On the basis of aforesaid statement, the alleged weapon of assault i.e. axe was recovered, vide recovery memo (Ex. PN/1). Thereafter, upon the conclusion of investigation and on receipt of post mortem report, challan was presented in the court of Sub Divisional Judicial Magistrate, Balachaur. The offence alleged being exclusively triable by the court of Sessions, the learned SDJM, Balachaur committed the case for the trial to the court of Sessions Judge, Nawanshahr. In the trial court, charge under Section 302 IPC was framed against the accused/appellant. The accused-appellant having pleaded not guilty to the charges framed, the trial commenced. In the course of trial, 8 prosecution witnesses were examined on behalf of the prosecution. No evidence was adduced by the defence. The statement of the accused/appellant was recorded under Section 313 Cr.P.C. Thereafter, at the conclusion of the trial, the accused/appellant has been found guilty and sentenced as aforesaid.