SANDIP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Sandip Kumar was tried by Sessions Judge, Patiala on the charge under Section 302 IPC for committing the murder of Vikas Kumar son of Kamal Singh (complainant). Vide judgment of conviction and order of sentence dated 9.4.2001, the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500/-, and in default of payment of fine, he was to undergo rigorous imprisonment for five months. In the present case, the FIR (Ex.PD/2) was registered at Police Station Islamabad on 7.10.1998 at 3.05 AM on the statement (Ex.PD) made by Kamal Singh at 2.45 AM on the same day to SI Balkar Singh at Chowk Putlighar, Amritsar. In his statement (Ex.PD), Kamal Singh stated that he was doing the business of supply of breads to shopkeepers on their shops. He was having two sons, namely, Vikas Kumar and Rajesh Kumar, who were also working with him. On 6.10.1998 at about 10 PM, he and his son Rajesh Kumar were coming to their house after collecting payments from shopkeepers and when they reached near the factory of Iron Nail of Daljit Singh Matharoo, they saw that accused Sandip Kumar was quarreling with his son Vikas Kumar and was saying to him to give his money. His son was saying to him that he had no money at that time and would give the same later on. At that time, the electric bulb was on in the street. In light of that they saw that Sandip Kumar gave dagger blows in the abdomen of his son Vikas Kumar. Thereupon, he fell down on the ground. He further stated that when they raised alarm, then Sandip Kumar ran away from the spot along with dagger. On hearing their noise, many people of the locality came at the spot. They made arrangement for conveyance and took Vikas Kumar to Guru Nanak Dev Hospital where doctor declared him dead. He further stated that he left Jagdish Pal and Rattan Singh near the dead body and went to inform the police. He stated that the cause of quarrel was gambling and give and take of money. After sending the said statement to Police Station Islamabad through SPO Kedar Nath for registration of the case, SI Balkar Singh along with complainant Kamal Singh reached Guru Nanak Dev Hospital, Amritsar. He prepared the inquest report (Ex.PC) in respect of the dead body of Vikas Kumar in presence of the witnesses. The dead body was sent for post mortem.

(2.) PW1-Dr.Ashok Chanana, on police application (Ex.PA) conducted the post mortem examination of the dead body of Vikas Kumar. He found 10 injuries on the body of the deceased which were ante-mortem in nature. In his opinion, the cause of death was perforation of heart, as a result of injury No.4, which was sufficient to cause death in the ordinary course of nature. Thereafter, SI Balkar Singh went to the place of occurrence and lifted blood stained earth and gravel from the spot and also prepared the rough site-plan (Ex.PO).

(3.) During the investigation, on 9.10.1998, accused Sandip Kumar was produced before the police by Vipin Kumar. On interrogation, he made a disclosure statement (Ex.PR) on 11.10.1998 to the effect that he had kept concealed a dagger (Ex.P1) in the demolished portion of his house. On the basis of his disclosure statement, the dagger was got recovered and the same was taken into possession vide recovery memo (Ex.PR/2) in presence of the official witnesses.