RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAMESH Kumar (23) was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the learned Additional Sessions Judge, Ludhiana, by order dated June 12, 1990. Aggrieved by the conviction and sentence, the accused has preferred this appeal.

(2.) PARKASH Chand Kabeer, to be referred as the deceased hereafter, was living in a house in Mohalla Shri Guru Gobind Singh Nagar, New Shimlapuri Ludhiana, along with his two sons, Ramesh Kumar accused-appellant and Vinod Kumar. On May 23, 1989, at about 7.30 p.m. noise of quarrel coming from their house attracted the neighbours Swaran Singh (PW 3), Nachhattar Singh (PW 4), Pritpal Singh (PW 9). According to the version given in the First Information Report which was lodged by Swaran Singh (PW 3), Ramesh Kumar was working as a compounder in a private hospital in Model Town. Attracted by the noise coming from the house of the deceased, he reached there and saw Ramesh Kumar accused grappling with his father, the deceased. The accused was telling the deceased that he should pay him more pocket money instead of Rs. 50/-. The deceased, however, refused to increase the amount. The accused, who was holding some sharp-edged weapon like a knife, dealt a below the left arm pit of the deceased, as a result of which he started bleeding. Nachhattar Singh and Pritpal Singh were also attracted to the place of occurrence and they saw the occurrence. Parkash Chand died at the spot. Leaving Nachhattar Singh and Pritpal Singh to guard the spot, Swaran Singh proceeded and made a statement, which was recorded by ASI Madan Lal, Incharge of Police Post Shimlapuri, who was on patrol duty near Barota Mohalla. The statement was recorded at 12.05 a.m. on the nigh between 23/24th May, 1989, and the present case was registered at Police Station Division No. 6, Ludhiana, at 12.35 a.m. Copy of the special report was received by the Judicial Magistrate Ist Class at 8.30 a.m. After registering the case, ASI Madan Lal (PW 11) came to the spot, reaching there at 12.30 a.m. He found the dead body of the Parkash Chand lying in his house being guarded by Nachhattar Singh and Pritpal Singh PWs. Electic light was on in the room as well as outside. He inspected the dead body and prepared inquest report. He then recovered blood-stained earth from the place of occurrence. Some of the stones and bricks lying nearby had received blood stains, which were also seized. He recorded the statements of Nachhattar Singh and Pritpal Singh and also prepared a site plan of the place of occurrence. The dead body was sent for post-mortem examination. On May 30, 1989, the accused was produced before the Investigating Officer. he was interrogated. He made a disclosure statement and in pursuance thereof he got recovered Chhuri Exhibit P 1, which was duly sealed.

(3.) DR . A.S. Sahni (PW 6) conducted post-mortem examination on the dead body of Parkash Chand and he noted the following injury on his person :-