RAVI SHANKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, Ravi Shankar has directed this appeal to impugn the judgment dated 12.12.2000 rendered by Sessions Judge, Rupnagar in Sessions Case No.12 of 24.8.1998 in case FIR No.107 dated 4.5.1998 registered under Section 302 IPC at Police Station Mohali. By this judgment, appellant was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000. In default of payment of fine to further undergo for a period of three months.

(2.) Prosecution story, in brief, is that on the intervening night of 3/4.5.1998, a telephonic message was received in Police Station Mohali from Police Station, PGI, Chandigarh regarding death of Veena and Anant Ram. On receipt of information, SI, Amrit Singh had gone to PGI, Chandigarh but near old barrier Mohali, Sunil Badan and Suresh Kumar had met the police party. Statement of Sunil Badan, Ex.PJ was recorded by SI, Amrit Singh. Sunil Badan reported to the police that he is resident of Jalandhar. His uncles, Ravi Shankar, Pardeep Kumar, Chand Ram and grand father Anant Ram are residing in House No. C-79 Phase-VI, Mohali. On 3.5.1998, he along with his brother Suresh Kumar came to Mohali to see them. Pardeep Kumar and Chand Ram were not present at home. Wife of Ravi Shankar had gone to her parental house along with her children. Ravi Shankar, Anant Ram and Veena were sleeping in the courtyard of ground floor. There was light of the electric bulb in the courtyard. At about 12:30 a.m, during the intervening night of 3- 4.5.1998, he along with his brother Suresh Kumar was present on the roof of the house. They heard noise from the ground floor. Ravi Shankar was demanding money from Veena and Anant Ram to purchase intoxicants. Veena and Anant Ram were refusing to give him money to purchase intoxicants. An altercation took place between Ravi Shankar and Veena and Anant Ram. Ravi Shankar was armed with a knife. He gave number of blows to Veena. On receipt of knife blows, Veena fell down, then Ravi Shankar gave knife blows to Anant Ram. He along with his brother, present on the roof of the house had witnessed the occurrence. Raula was raised by them. After causing injuries, Ravi Shankar had fled away from the spot along with the knife. Veena and Anant Ram were shifted to Civil Hospital, Phase-VI, Mohali by Sunil Badan and Suresh Kumar but the doctor had referred both the injured to PGI, Chandigarh. Veena had succumbed to her injuries on the way to PGI, Chandigarh. Anant Ram was got admitted in the PGI by Pardeep Kumar who was already present in the PGI. Anant Ram had also succumbed to his injuries while lying admitted in PGI. Sunil Badan while going to the Police Station to lodge report had met the police party near old barrier, Mohali. Statement was read over and explained to Sunil Badan. He signed the same after admitting the same to be correct. After making endorsement at 4:05 a.m, Statement was sent to the police station on the basis of which, formal FIR was recorded at 4:20 a.m. Special report was sent to the Ilaqa Magistrate and the same was received at 8:30 a.m on 4.5.1998. Police party headed by SI, Amrit Singh had gone to PGI. Dead bodies were lying in the mortuary. Inquest reports Ex.PC and Ex.PR were prepared. Dead bodies were handed over to police officials for post mortem examination. Investigating Officer had gone to the place of occurrence.

(3.) Rajesh Ariya and Babu Ram had produced the accused before the police. Accused was interrogated. Accused suffered disclosure statement Ex.PM. In pursuance of the disclosure statement, he got recovered knife from the specified place. Sketch of the knife was prepared and the same was sealed. Sealed parcel was taken into police possession vide memo Ex.PO attested by the witnesses. Rough site plan Ex.PT was prepared with correct marginal notes. Tarsem Lal, Constable had produced the clothes worn by the deceased and the same were taken into police possession vide memo Ex. PU attested by the witnesses. Blood stained earth was also collected from the spot and the same was sealed. Sealed parcel was taken into police possession vide memo Ex.PK attested by the witnesses. On receipt of the report of the Chemical Examiner Ex.PX, challan was presented. Accused was charged under Section 302 IPC. Accused did not plead guilty and claimed trial.