BUDHU MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Budhu Masih has filed the present appeal against the judgment and order dated 13.11.2007, passed by the Sessions Judge, Gurdaspur, vide which he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 IPC.

(2.) Brief facts of the prosecution case are that Satish Kumar (deceased) aged about 17-18 years was running a shop of scooter repair. On 02.07.2006, he alongwith his father Janak Raj and elder brother Narinder Kumar was coming to his village in the Jattan Mini Bus No.PB-02C-9571. They were sitting on the back seat of the bus. At about 12:20 p.m. (noon), when the bus reached at bus-stand of village Jagatpur then accused Budhu armed with 'dattar' was standing at bus-stand and on seeing them sitting in the bus, he also boarded in the bus. The accused told Satish Kumar to leave the seat by abusing him. Satish objected to that and exchanged hot words.

(3.) On hearing raula, the driver of the bus stopped the bus. Accused Budhu dragged Satish Kumar by catching him from neck from the last seat of the bus and pulled him down. He gave three 'dattar' blows to Satish Kumar on his head and ran away from the spot with his 'dattar'. Police was informed, who came at the spot and took Satish Kumar in the gypsy and got admitted him in Civil Hospital, Gurdaspur, where he died. The motive behind this occurrence was that some days earlier, an altercation had taken place between Budhu Masih accused and Satish Kumar (deceased) and the accused told that he will teach him a lesson. The statement of complainant Janak Raj, father of the deceased, was recorded in the hospital by Sub Inspector Karnail Singh, SHO, Police Station Purana Shalla, at 02:15 p.m. on the same day. Ruqa was sent to the police station on the basis of which FIR was registered. Inquest report on the dead body of Satish Kumar was prepared by the Investigating Officer. Statements of the witnesses were recorded. Spot was inspected. Blood stained earth was lifted from the spot and was taken into possession vide memo Ex.PJ after preparing sealed parcel. Rough site plan Ex.PK was also prepared. On 02.07.2006 at about 6:00 p.m., post-mortem on the dead body of Satish Kumar was conducted by Dr.Kamal Kishore, Medical Officer (PW1), who found the following injury on his person:- 1. Incised wound 20 cm x 1 cm present on middle and back of head. On dissection underneath bone was found fractured. Brain matter and menings lacerated and torn. About 200 ml of clotted blood present in cronial cavity."