SUSHIL KUMAR @ VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Sushil Kumar alias Vicky has filed this appeal against the judgment of conviction and order of sentence dated 21.8.2001, passed by the Court of Sessions Judge, Ferozepur, whereby he has been convicted under Section 302 IPC for committing the murder of Kapil Dev son of Pal Chand and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/-, in default to further undergo rigorous imprisonment for a period of six months.

(2.) The appellant along with his brother Basant Lal and wife Harinder Kaur @ Sweety was tried by the court of Sessions Judge, Ferozepur, for the aforesaid offence. However, only the appellant was convicted and the other two accused were acquitted. Against their acquittal, no appeal has been filed either by the complainant or by the State.

(3.) In the present case, the prosecution was launched against all the aforesaid three accused on the basis of the statement (Ex.P6) made by Pal Chand (father of the deceased) to SI Baldev Raj in Amar Hospital, Ferozepur, on 14.10.1997 at 11.15 PM, wherein it was stated that he was residing inside Magzine Gate, Ferozepur City and doing the business of preparing wooden furniture. He was having two sons and three daughters. His son Kapil Dev (deceased) aged about 18 years was the youngest of all the children. On 14.10.1997 at about 8.30 PM, he along with his sons Kapil Dev and Manoj Kumar was cleaning their house situated on the first floor on account of the marriage of his daughter Monika. The dust was raising due to the said cleaning. Their neighbourer Vicky (appellant), who was doing the tailoring work in front of his rented house, started abusing them by saying that why they were soaring the dust. On that, his son Kapil Dev came down on the road from their residential house and reached near the shop of Kala Karyana merchant. He along with his another son Manoj Kumar also came down behind him. In the meanwhile, Vicky (appellant) and his brother Basant Lal who were living together were standing on their shop. Basant Lal raised lalkara that Kapil Dev may not be allowed to go escape today. Then Vicky (appellant), who was having scissor meant for cutting clothes, ran towards Kapil Dev and attacked him with open scissor, which hit him in his chest on the lower portion just below the left nipple on two places. Then Kapil Dev fell down on the road. In the meantime, Sweety wife of Vicky also came there and she raised lalkara that Kapil Dev should not be left alive, on which Vicky attacked on Kapil Dev with open scissor holding in his hand, which hit him in the abdomen on two places. Then he (Pal Chand complainant) and Manoj Kumar raised alarm saying 'Bachao Bachao'. Then Vicky along with scissor, Basant Lal and Sweety ran away from the spot. After arranging the vehicle, he (Pal Chand) along with Manoj Kumar got admitted his son Kapil Dev in Amar Hospital, Ferozepur, where the Doctor started treating him. But after a short while, he was declared dead in the Hospital. He stated that the cause of grudge was that they were cleaning the house and Vicky (appellant) started abusing them. When they were going to inform the respectable persons of the locality about the abusing, the aforesaid three accused after conspiring together had caused injuries to Kapil Dev, which had resulted into his death.