BALBIR SINGH @ BEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Balbir Singh @ Beera has preferred the present appeal against the judgment and order of sentence dated 27.10.2007, passed by the Sessions Judge, Sangrur, vide which he has been convicted and sentenced to undergo life imprisonment under Section 302 IPC.

(2.) Brief facts of the prosecution case are that the FIR was registered on the statement of Billu Singh, which he made before Sub Inspector Rajwinder Singh, SHO, Police Station Dirba on 26.11.2005 at about 6:30 p.m. As per the statement of complainant, his nephew Balbir Singh son of Gurjant Singh was working with him at saw mill and they both used to purchase wood of standing trees from the villages. On 26.11.2005, complainant alongwith his nephew was going on scooter towards village Rogla on katcha path where Balbir Singh @ Beera came in front of their scooter and threatened to teach a lesson for being insulted at their saw mill and also started abusing them. At about 4:00 p.m. when they were returning back from the field of Mahants, near grain market Rogla, complainant was passing urine by the side after parking his scooter and his nephew Balbir Singh was standing nearby the scooter. Then the complainant saw Balbir Singh @ Beera accused holding a 'kirch' in his right hand gave a direct blow in the stomach of his nephew Balbir Singh, who fell down on the ground. Complainant raised raula. Then the accused ran away from the spot with the 'kirch' in his hand. The complainant saw that intestines came out on the right side of Balbir Singh. After arranging vehicle, Balbir Singh was admitted in Civil Hospital, Kohrian for treatment. Due to serious condition, doctor referred him to Civil Hospital, Sangrur. When the injured was being shifted to Civil Hospital, Sangrur, on the way near Cement Pipe Factory, he breathed his last. The dead body was kept at saw mill at Dirba and complainant went to report the matter to police and made the statement to SHO, Police Station, Dirba. Ruqa was sent to the police station on the basis of which formal FIR was registered. Then the Investigating Officer alongwith the complainant reached saw mill where dead body of Balbir Singh was lying. Investigating Officer prepared the inquest report Ex.PD and sent the dead body for postmortem examination through Head Constable Nishan Singh. He alongwith complainant went to the place of occurrence where he prepared the site plan Ex.PN. Blood stained earth was lifted from the spot and the same was taken into police possession vide memo Ex.PM after preparing sealed parcel. The accused was arrested on 27.11.2005. On interrogation, the accused made disclosure statement Ex.PQ and got recovered blood stained 'kirch' which was taken into police possession after preparing the sealed parcel. Statements of witnesses were recorded. After necessary investigation, challan was presented.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charged for the offence under Section 302 IPC to which he pleaded not guilty and claimed trial.