SUCHA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Sucha Ram has filed this appeal impugning the Judgment of conviction and order of sentence dated 3.8.2001, passed by the Addl. Sessions Judge, Ludhiana whereby he was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/under Section 302 IPC and in default of payment, to further undergo R.I. for one year. He was further convicted and sentenced to undergo R.I. for 7 years and to pay a fine of Rs. 3000/- under Section 392 IPC and in default of payment of fine, to further undergo R.I. for one year. The accused-appellant was also ordered to undergo R.I. for 3 years under Section 506 IPC. All the substantive sentences were ordered to run concurrently.

(2.) The FIR in the present has been registered on the basis of statement made by PW Pyare Lal to the effect that he was engaged in hosiery work. His brother Khushal Chand who was living in his neighbour was also doing the work of hosiery. On every Friday, Khushal Chand used to collect money from his dealers and also used to keep his papers pertaining to his firm Adarsh Hosiery in his brief case. After making collection, he used to come back on the same day. On 22.3.1996, Khushal Chand went to Jalandhar at about 10.00 a.m. for making collections. At about 7.00 p.m., he (Pyare Lal, complainant) went to see Khushal Chand at his house and started waiting for him while sitting in the verandah in front of the gate of his house. Khushal Chand came in front of the house in a rickshaw and after receiving the payment, the rikhsaw puller went away. In the meantime, suddenly, two young men, aged about 25-26 years, came on a scooter from the side of the Ritambara School. The young man who was driving the scooter was of medium size and was a Sardar and the young man sitting on the pillion had tied yellow Patka and was wearing full sleeved T. Shirt. They stopped the scooter close to Khushal Chand in front of the gate. The pillion rider alighted from the scooter and took out a pistol from his Dub and asked Khushal Chand to hand over the brief case to him or otherwise, he would fire a shot. But Khushal Chand refused to do so and a quarrel ensued. Upon this, on seeing the complainant, the young man fired a shot with his pistol which hit Khushal Chand on the left side of his chest. The complainant came out running and raised a alarm. The accused also hurled threats of killing him. Thereafter, the accused picked up the brief case and fled away on the scooter alongwith the pistol. The complainant picked up his brother Khushal Chand and took him inside, where Khushal Chand breathed his last. On raising an alarm many people came there. The complainant further stated that his brother Khushal Chand had a sticker of his name 'K.C.' and his photograph on the brief case.

(3.) SI Prem Singh, who alongwith other police officials was present at Chowk Jodhewal, Ludhiana in connection with patrolling and checking and on receipt of information through a wireless questy that two unidentified Sikh young men had fired shots upon Khushal Chand in front of his house in the area of Sunder Nagar, Ludhiana they reached at the place of occurrence. He recorded the statement of Pyare Lal, complainant Thereafter statement was sent to Police Station for registration of a case and FIR No. 84 dated 22.3.1996, under Section 392/302/506/34 IPC and Section 25/54/59 of Arms Act was registered.