BIRBAL AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing the instant appeal, two accused-appellants have laid challenge to judgment and order dated 17.02.2003 passed by the learned Sessions Judge, Ferozepur convicting them for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 100/- each and in default of payment of fine to undergo further rigorous imprisonment for six months each.

(2.) Prosecution was set in motion on the statement (Ex.P1) of Tarsem Singh-PW1 (complainant) S/o Chuhar Singh, Caste Jat, R/o Ghuriana made on 06.04.1997 at 1.30 p.m. before SI-Sandeep Kumar (PW12) SHO Police Station Sadar Abohar, whereby he stated that he has a bore in his Donale Wala fields and on that day when he with his Seree (Servant) went to his fields for irrigation at about 8.00 a.m, he noticed blood on the outer region of the bore (well). When he looked into the well, he found a dead body of some unknown person floating his face downwards in the water. He informed the Sarpanch and thereafter his statement (Ex.P1) was got recorded. Accordingly, a formalized FIR (Ex.P1/B) was registered in Police Station Sadar, Abohar. Special report reached the Sub Divisional Judicial Magistrate, Abohar on 6.4.1997 at 3.00 p.m. Investigating Officer-Sandeep Kumar (PW12), proceeded to the place of occurrence and prepared the rough site plan (Ex. P33) and took out the body from the well. He lifted bloodstained earth, which was taken into possession vide recovery memo Ex.P34. He also took into possession a broken glass and one stopper of bottle vide recovery memo (Ex.P35) after calling finger-points expert at the spot. Inquest of the unidentified dead body was conducted vide report (Ex.P7) and was sent for post mortem examination to Civil Hospital, Abohar. The autopsy was conducted by Dr. R.K. Arora (PW5), SMO, Civil Hospital, Abohar on 7.4.1997 at 1.00 p.m (as per post mortem report Ex.P5). Thereafter, the unidentified dead body was handed over to Municipal Committee, Abohar for cremation by Constable Sukhchain Singh (PW2).

(3.) On 7.4.1997, Chhelu Ram @ Sadhu Ram (PW8) got his statement (Ex.D1) recorded under Section 161 Cr.P.C before I.O Sandeep Kumar (PW12) stating that accused Birbal Singh and Banarsi Dass @ Raj Kumar had taken liquor, when Balraj @ Baj Singh (since deceased) was also with them on the evening of 5.4.1997 in the fields of Tarsem Singh-PW1 (complainant). They had demanded a sum of Rs. 15,000/-, which Balraj (since deceased) was carrying. Upon his refusal, Birbal armed with kappa and Banarsi Dass armed with takua inflicted injuries on the person of Balraj. He (PW8), at that time, had gone in the fields to answer the call of nature and upon seeing the injuries inflicted on Balraj and being threatened by the accused, he fled to his native village Ratia (Haryana).