GURPREET SINGH ALIAS GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Gurpreet Singh alias Gopi has filed this appeal against the judgment and order dated 18.7.2008 passed by the learned Sessions Judge, Amritsar whereby the appellant has been held guilty for the commission of offence punishable under Section 302 of the Indian Penal Code ('IPC' - for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that Kartar Singh, Member Panchayat of Village Heir made a statement before SI/SHO Harish Behl, Police Station Airport, Amritsar on 22.4.2007 at 7.15 a.m. stating that Gurpreet Singh son of Harjinder Singh along with his maternal grand-father Ajit Singh came to his house at about 5.00 a.m. and stated that his father Harjinder Singh who used to beat the whole family under the influence of liquor came to the house at 11/12.00 p.m. and started beating his mother Darshan Kaur and sister Rupinder Kaur. At that time blood was high on his head and on his repeated requests he did not pay heed and stepped forward to take his licensed weapon. Gurpreet Singh further stated to him that he grappled with his father and gave him a push due to which his father fell down in the courtyard and in a fit of rage, he gave a 'Kandhala' blow lying nearby on his head and blood started oozing out from his head and thereafter he died. Gurpreet Singh also stated to him that he had done so due to daily routine maltreatment of his father. Kartar Singh-complainant further stated that he along with Gurpreet Singh and Ajit Singh went to Village Sikander where dead body of Harjinder Singh was lying smeared with blood in the courtyard.

(3.) After recording the statement, SI/SHO Harish Behl along with other police officials and the complainant reached at the spot. He prepared inquest proceedings Ex.PG/2. The dead body was sent for post-mortem examination. He took into possession blood stained earth from the spot. He also prepared rough site plan. Accused Gurpreet Singh alias Gopi was produced before him by Mukhwinder Singh, Sarpanch. He was arrested.