VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Vijay Kumar was tried by Sessions Judge, Gurdaspur on the charge under Sections 302 and 324 of the Indian Penal Code for committing the murder of his real brother Sukhdev Singh and causing injury to his nephew Raju, and was convicted and sentenced vide judgment of conviction and order of sentence dated 3.8.2001, which are under appeal. The appellant was convicted and sentenced to undergo imprisonment for life under Section 302 IPC and to pay fine of Rs.1000/-. In default of payment of fine, he was to undergo RI for six months. He was further convicted under Section 324 IPC and sentenced to undergo RI for two years. Both the substantive sentences were to run concurrently. As per the prosecution version, the occurrence had taken place at 12.00 midnight on 8/9.10.1997 in the court-yard of the house of deceased Sukhdev Singh, which was situated in front of the house of the accused. In this case, the FIR was registered on 9.10.1997 at 11.10/11.50 AM on the basis of the statement of injured Raju (PW8) made to ASI Satish Chander in the hospital at 10.30 a.m. In his statement (Ex.PO), he had stated that they were three brothers and one sister. During the night of 8/9.10.1997, they along with their mother Asha Rani and father Sukhdev Singh were sleeping in their house. At about 12 midnight, something struck against the door of their house with force. Due to the sound created by the door, all of them woke up. His father opened the door. They saw that his uncle Vijay Kumar, who was residing in front of their house, was standing in front of the door holding a Dattar in his hands. He was saying that he would teach a lesson to them for playing Black Art (Jadoo Tona) and started abusing them. When his father asked Vijay Kumar not to utter abuses and said to him to go to his house, then Vijay Kumar gave a Dattar blow on the person of his father. When his father raised his right hand to ward-off the blow, the Dattar hit on the right hand of his father. Then Vijay Kumar gave another Dattar blow on the person of his father which hit on the left side of his head. Thereupon, he and his other family members raised alarm, and when he stepped forward to save his father, then Vijay Kumar gave a Dattar blow on his person which hit on the left side of his forehead above the eyebrow. They raised alarm 'Mar ditta, Mar ditta'. On hearing their voice, many people gathered there. His uncle Vijay Kumar ran away from the spot along with Dattar. Thereafter, they arranged the conveyance and carried their father to Civil Hospital, Pathankot where doctor medically examined them. On the basis of the said statement, FIR No.44 of 1997 was registered under Sections 326 and 324 IPC.

(2.) It is further the case of the prosecution that on 9.10.1997 at about 1.55 AM, Dr.Satinder Singh Bedi, Medical Officer, Civil Hospital, Pathankot medico legally examined Sukhdev Singh and Raju. On the body of Sukhdev Singh, he found the following two injuries:-

(3.) Doctor sent VT message to the police with regard to admission of the aforesaid two injured in the hospital. On receiving the said message, Satish Chander ASI reached the hospital. He was handed over two medico legal reports of Sukhdev Singh (Ex.PA) and Raju (Ex.PD). Thereafter, he moved applications Ex.PW and Ex.PX to get the opinion of the doctor regarding fitness of the injured to make statement. Sukhdev Singh was declared unfit to make the statement vide opinion Ex.PW/1 while Raju was declared fit to make statement vide Ex.PX/1. Thereafter, the aforesaid statement of Raju (Ex.PT) was recorded, on the basis of which, FIR was registered. Blood stained clothes of the injured and deceased were taken into possession by the police.