DHARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellant-Dharminder Singh against the judgment and order dated 23.8.2008 passed by the learned Additional Sessions Judge (Ad hoc), Patiala 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 life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months for the offence under Section 302 IPC. However, accused Ravinder Kumar alias Billa and Charno have been acquitted of the charge framed against them.

(2.) The brief facts of the prosecution case are that on 30.6.2004 Inspector Kesar Singh, SHO, Policer Station City, Rajpura along with other Police officials were present near Gurdwara Singh Sahib, Rajpura Town where Madan Lal-complainant of this case met him and got recorded his statement Ex.PD. In the statement, complainant stated that his son Sanju was earlier got married with Rekha daughter of Kala Ram about 41/2 years back. About three years back, Rekha died due to burn injuries while boiling the milk. On 30.6.2004, in the morning, he along with his son Sanju and his daughter-in-law Jyoti had come to see his sister Roshni who resides at Chhajju Majri, Rajpura. They were going to the BCI Chowk from Chhajju Majri to board a bus for Patiala. Sanju was going ahead and Jyoti was behind him. At about 10.00 a.m., when his son reached at the small bridge of Ambala G.T. Road, near Chaudhary Transport Office, then Dharminder Singh son of Kala Ram brother of Rekha, the first wife of Sanju, came out of the bushes at once holding 'dattar' in his hand and started giving 'dattar' blow to Sanju which hit at the mouth, head, left elbow, neck and he fell down. They raised an alarm and the accused fled away from the spot along with 'dattar. When the complainant was taking his son to A.P. Jain Hospital, Rajpura, then he died on the way and his dead body was lying in the dead house of A.P. Jain Hospital, Rajpura. The motive was that Dharminder Singh was having a doubt that they had killed his sister Rekha. After recording the statement by the Investigating Officer, 'Ruqa' was sent to the Police Station on the basis of which FIR was registered. Then the Investigating Officer along with Police officials and Madan Lal- complainant reached A.P. Jain Hospital, Rajpura and prepared inquest report. Post-mortem was got conducted by Dr. Darshan Singh Sidhu, Chief Medical Officer at A.P. Jain Hospital, Rajpura on 30.6.2004 and found the following injuries:-

(3.) The cause of death in the opinion of the doctor was shock and haemorrhage resulting from injury to major vessels and multiple injuries.