VIPIN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The complainant Kashmir Singh PW.2 and his brother Karnail Singh deceased used to run the business of dairy. On 7.5.1994, around 9.10 P.M., Kashmir Singh noticed his younger brother Karnail Singh deceased, who was delivering milk on a cycle in different Kothis in Guru Teg Bahadur Nagar, within the area of Police Station Division No. VI, Jalandhar, being caught by Vipin Kumar appellant from both the arms by turning them towards backside and Hardip Singh alias Kala appellant giving knife blows. Karnail Singh raised alarm. Kashmir singh PW.2 stepped up near the scene of occurrence and in the meanwhile the assailants succeeded in running away from the scene of occurrence. Kulwant singh PW.3 also saw the occurrence. Kashmir singh brought Karnail Singh to the Civil Hospital, where he was declared dead. The cause of occurrence was stated to be that Karnail Singh had stopped Hardip singh and Vipin Kumar from teasing the girls and there was an altercation two days earlier to the occurrence. It was on that account the accused in order to wreck vengeance had committed the murder of Kamail Singh.

(2.) ASI Santokh Singh PW.14, on receipt of ruqa Ex.PW14/A regarding the death of Kamail Singh from Civil Hospital, Jalandhar, went there. He recorded the statement Ex.PF of Kashmir Singh PW.2, at 11.45 P.M. After making his endorsement Ex.PF/2 he sent the same to the Police Station for registration of a case and on its basis formal F.I.R. Ex.PF/1 was recorded at 12.40 A.M. on 8.5.1994. The special report reached the Ilaqa Magistrate at 3.35 A.M. on 8.5.1994. The Investigating Officer prepared inquest report Ex.PD on the dead body of the deceased and sent the same for post mortem. Thereafter, he went to the scene of occurrence and took into possession turban Ex.P5, one Hero Cycle Ex.P6 and two Drummies of milk vide memos Ex.PQ and PR respectively. Rough site plan Ex.P14/B of the place of occurrence was prepared. After post mortem, the clothes of the deceased were taken into possession vide memo Ex.PW14/C. On 12.5.1994 Hardip Singh and Vipin Kumar alias Bablu surrendered themselves in the Court and were arrested on 13.5.1994. On 14.5.1994, motor cycle bearing No. PBO8-C- 1946 of Hero Honda make was taken into possession vide memo Ex.PW14/E along with its registration. On 18.5.1994, in pursuance of his disclosure statement Ex.PM in the presence of Inderjit Singh and HC Narinder Kumar, he got recovered knife Ex.P4 which was taken into possession vide memo Ex.PO.

(3.) During the investigation, later on, Harcharan Singh was also named, to be an assailant as Kashmir Singh PW.2 claimed that he was sitting on a motor' cycle and looking Hardip Singh giving blows to Karnail singh deceased. So lie was also arrested on 17.5.1994.