BANARSI DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BANARSI Dass appellant was brought to trial for the murder of Ajit Singh before the Court of Session at Jullundur. The learned Sessions Judge, Jullundur, by his judgment dated March 18. 1980 held the appellant guilty on the charge of murder and sentenced him to life imprisonment.

(2.) THE brief facts of the prosecution case are like this; That Ajit Singh (deceased) was the husband of Smt. Rattan Kaur P. W. He was addicted to poppy-heads. About two days prior to the present occurrence. Banarsi Dass accused came to Ajit Singh and complained to him that he got poppy-heads recovered from him. The deceased denied this allegation. It is alleged that on September 2, 1979 at about 9. p. m. the appellant took Ajit Singh along with him saying that there was some work. Thereafter, Ajit Singh did not return nor he was seen alive. On September 3, 1979 at about 1. 30 p. m. . Banarsi Dass appellant went to the tea-shop of Bakhsi Ram, situated opposite Police Station Phillaur and told the latter that Ajit Singh deceased act poppy-heads recovered from him and that he served him poppy-heads and then murdered him. At that time, the appellant was holding an axe. the handle of which was bloodstained. Bakhshi Ram then took the appellant to the police station and produced him before Shri Gurparkar Singh, Sub-Inspector, who took his axe into possession. The appellant made statement, Exhibitt P. F. and on its basis the case was registered against him under Section 302. Indian Penal Code at 2 p. m. on the same day. He also told the Sub-Inspector that he had kept the dead body of Aiit Singh in a maize field in the area of village Ats. In pursuance of that statement the dead body of Aiit Singh was recovered from that field. The Sub-Inspector held inquest and sent the dead body to the mortuary for autopsy.

(3.) DR. Amariit Singh conducted autopsy on the dead body of Ajit Singh on 3-9-1978 at 6. 05 p. m. and found 11 injuries, including eight incised wounds, as detailed in the copy of the postmortem report. Exhibit P. A. Death was opined to be due to shock and haemorrhage resulting from iniuries which were sufficient to cause death in the' ordinary course of nature. The time between the iniuries and death was stated to be a few minutes and between death and post-mortem within 24 hours. After necessary investigation, the accused was challaned and committed.