RAJINDER KUMAR AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Jullundur, dated August 29, 1979, whereby Rajinder Kumar and Ashok Kumar, Appellants, were convicted under Section 302 read with Section 34, Indian Penal Code, and were awarded life imprisonment and a fine of Rs. 500 each; in default, they were ordered to further undergo rigorous imprisonment for two months' each. Their co -accused Som Nath was, however, acquitted of the charge.

(2.) ACCORDING to the prosecution story, Jagdish Lal was found murdered in room No. 7 of the Punjab Hotel, Mandi Road, near Railway Station, Jullundur City, on the morning of January 23, 1979, by Devi Chand, P.W. 7, a bearer of the hotel. At about 10.30 A.M. Manmohan Singh, P.W. 6, the proprietor of the hotel came to the hotel from his residence and was apprised of the said murder by Devi Chand, P.W Consequently, he went to Police Station, Division No. 3, Jullundur, where first information report, Exhibit PG, was recorded by S.I. Surat Singh, P.W. 20, at 11.15 A.M. on the basis of his statement. According to the prosecution version, as disclosed therein, three persons went to the said hotel on the night of January 22, 1979 at about 9 P.M. and room No. 7 was booked in the name of Jagdish Lal (deceased) the entry regarding which was made in the register at serial No. 94 in English, in the handwriting of Jagdish Lal (deceased). Therein, he had given his address as Jagdish Lal son of Hans Raj, resident of Dulwan. Post Office Sanglal, District Ludhiana. Below the said address the name of Rajinder Kumar had also been mentioned. The purpose of the visit had been mentioned as "rest and purchase". According to the entries in the other columns against this serial No. they had come from Ferozepur, and had to go back to Ferozepur. Devi Chand, P.W., under the instructions of the proprietor, took all the three persons to room No. 7 where beds were supplied to them. At about 11 P.M. Manmohan Singh, P.W., went to his house situated at Phagwara Gate for the night. He returned to the hotel the next day at about 10 or 10.30 A.M. It was then that he was informed by Devi Chand, P.W., that one person who had made the entry in the register as "Jugdish Lai" did not wake up in the morning. When Devi Chand opened the door, he found the said person, namely, Jagdish Lal lying dead on the cot and a handkerchief tied around his neck. According to the further version in the first information report, the description of the two other companions was also given. They were described to be aged 22 to 23 years and 24 to 25 years, respectively with height as 5 feet 4/5 inches and 5 feet 7 to 1\ inches. Both were also described to have small moustaches, otherwise, clean shaven. They were speaking Panjabi. It was disclosed that these two persons could be identified by the informant and his bearer Devi Chand, P.W.

(3.) AUTOPSY on the dead body of Jugdish Lal was performed by Dr. C.S. Naik, P.W. 1, in the Civil Hospital, Jullundur, on January 24, 1979. According to the same, there was a ligature mark on the neck and a linear pink structure mark around the front of the neck. Besides, there were 8 abrasions on the right side of the neck on the cricoids cartilage, right cheek, left thigh, lateral aspect of the right knee right medial epicedial of the right elbow joint. There was also swelling on the left side of mandible. On dissection big haematoma below the cricoid cartilage was also found. On further dissection of the trachea, brown froth with marked congestion of the tracheal mucosal was found. In the opinion of the doctor, the cause of death was asphyxia due to throttling. Time between the injuries and the death was opined to be between 10 to 20 minutes and the duration between the death and the postmortem examination was opined to be 48 hours.