VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the above noted appeals filed by Vijay Kumar son of Kaka Ram and Parveen Kumar son of Iqbal Singh, against the judgment and order dated 20.11.2000 passed by the learned Additional Sessions Judge, Patiala, convicting the Appellants for an offence under Section 302 read with Section 34 IPC and sentencing them to undergo life imprisonment and to pay a fine of Rs. 10,000/- each.

(2.) The prosecution case was set in motion on the basis of the statement of Sham Lal son of Gurnam Singh father of deceased-Vijay Kumar, made to Amarjit Singh, SI, on 29.7.1995 at 3.45 p.m. He has stated that he was working in the PWD, Public Health Department, and has four daughters and one son, namely, Vijay Kumar, aged 20/21 years. On 27.7.1995 at about 8.00 p.m., his son Vijay Kumar was standing in front of the house of Ram Saran, who resides in the same street. They were talking with Sandeep son of Ram Saran, his relation Parveen of Kaithal and Vijay alias Lamba son of Kaka Ram, resident of near Nohria Mandir, Patiala. The streetlight was on at that time. He went to his house and slept. On 28.7.1995, he noticed that his son Vijay Kumar did not come in the house in the night. He thought that his son might have stayed in the house of his uncle as usual. On way to office, his brother, Raj Kumar, met him in the Aradana Chowk, who informed that Vijay Kumar, had not come to his house during the night. Shashi Kumar son of Jit Ram, resident of Sanjay Colony, came to his house at 4.30 p.m. and he told him that the dead body of Vijay Kumar, is lying in the mortuary of the Rajindra Hospital. Raj Kumar and Harbans Lal, were already there. He (Sham Lal) came to inform the Police. He reached in the mortuary of Rajindra Hospital and noticed that the dead body of Vijay Kumar, has been taken away by Raj Kumar, after post mortem was completed. He was in grief. In the morning, Kaka Ram son of Giani, Anil Kumar son of Hari Krishan, residents of Sanjay Colony, Patiala, told him that last night at about 10 p.m., Vijay Kumar was talking with Sandeep, Parveen Kumar and Vijay alias Lamba, at Ghalroi Gate bridge. He suspected that his son has been murdered by Sandeep son of Ram Saran, resident of Sanjay Colony, Vijay alias Lamba son of Kaka Ram, resident of near Mandir Nohria, Patiala and Parveen Kumar, resident of Kaithal, who is a relation of Sandeep. The motive of murder was stated to be that his son had illicit relation with Rosi, sister of Sandeep and Sandeep was objecting to the same.

(3.) Gurdeep Singh, an SPO, had recovered the dead body at about 6.00 a.m. on 28.7.1995, from under the canal bridge of Ghalori Gate. The body was lying with its face towards the ground. The inquest proceedings (Exhibit PG) were undertaken by Amarjit Singh, SI on 28.7.1995. The dead body was sent for post mortem examination with a request to Doctor to remove the tips of the finger for identification. In pursuance of the said request, PW7-Dr. Harish Tuli, conducted the post mortem examination on the dead body of unidentified body of a male Hindu person at 3.20 p.m. on 28.7.1995 The Doctor has found 14 penetrating wounds on the left side of chest and on front of neck. He has further deposed that police papers having ten pages including pages No. 9 and 10 were received at 4.20 p.m. on the same day. Raj Kumar son of Gurnam Singh and Harbans Lal son Sant Ram identified the dead body as that of Vijay Kumar son of Sham Lal.