PREM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against judgment and order dated 7.3.2002 passed by the Additional Sessions Judge, Ludhiana, whereby in case FIR No. 43 dated 6.3.2001 registered under Section 302 IPC, the present Appellant -accused, Prem Lal, has been convicted for committing the murder of Raj Pal and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - and in default of payment of fine, to further undergo RI for one year.

(2.) IN brief, the case of the prosecution is that on 6.3.2001, complainant Paramjit Singh got recorded his statement to the police that he runs auto parts business in Ludhiana. One of his sisters, namely, Sunita, was married to the present accused -Appellant Prem Lal about 15 years back. Two sons and a daughter were born out of the wedlock. Since the accused -Appellant used to quarrel with his sister Sunita off and on, she started staying with her parents from the last one year. Thereafter, accused used to go to his in -laws' house and threaten the complainant and his father ( father -in -law of accused) that if they did not send Sunita with him, he would murder them. Since complainant's father Raj Pal (since deceased) was unemployed, he was temporarily doing the work of cycle repairs on the road -side in front of new Telephone Exchange Building in Block -E, Bhai Randhir Singh Nagar, Ludhiana and used to leave for work at 8 AM and returned to his house at 7 PM. On the fateful day, i.e. 6.3.2001, at about 1.45 PM, when the complainant and Sunita were taking meals at lunch time, for their father and were just 200 yards away from their father's cycle repair shop, they noticed the present accused -Appellant going to the shop on his three -wheeler bearing registration No. PB -10AQ/3573. He was carrying with him a Toka (iron meat -cutter), with which he gave a blow on the person of their father who was sitting and when in order to save himself, he rose up and tried to escape but accused within their sight, gave another blow with the Toka on his head to which their father brought forward his hands and in that process, the blow hit his left arm near the wrist. Thereafter, accused gave several blows with the Toka on his head and face. Upon an alarm raised by complainant and Sunita, the accused -Appellant fled away from the spot along with the Toka. When their father was being removed to the Civil Hospital, he died on the way. The complainant then took the dead -body of his father to the Civil Hospital, Ludhiana and after leaving his sister Sunita there, met the police party and got recorded the present statement. The Investigating Officer, SI Pawanjit, after making his endorsement, Exhibit PD/1 on the said statement, got registered an FIR vide Exhibit PD/2. He then went to the spot and got the place of occurrence photographed besdes lifting blood stained earth and completing other necessary formalities. An inquest report was then prepared vide Exhibit PM on the dead body of the deceased. Thereafter, upon receipt of a secret information, the Investigating Officer conducted Nakabandi on the Ludhiana -Ferozepur road outside the mini secretariat, Ludhiana. At about 9 PM, the accused was noticed coming from the side of Bharat Nagar Chowk on his afore -said three wheeler. He was apprehended and formally arrested by the Investigating Officer. Accused produced the iron -meat cutter stained with blood, from the tool -box of his three -wheeler. After preparing the rough sketch, Exhibit PF, of the said weapon, the Investigating Officer took the same into possession vide memo. Exhibit PF/1, besides taking into possession the three -wheeler of the accused vide Exhibit PF/2. Thereafter, the post -mortem on the dead -body was conducted.

(3.) IN order to prove its case, the prosecution examined PW -1 Dr. R.S. Grewal, PW -2 Surinder Singh, PW -3 Constable Sucha Singh, PW -4 Paramjit Singh, PW -5 Sunita Rani, PW -6 HC Harmesh Lal, PW -7 Constable Davinder Singh, PW -8 ASI Surjit Singh, PW -9 Harwinder Singh, Draftsman and PW -10 SI Pawanjit, PW -11, and after tendering into evidence the report of the Forensic Science Laboratory, Punjab, Chandigarh, vide Exhibit PN, closed its evidence.