LAXMI NARAIN POODAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Laxmi Narain appellant was convicted of the substantive charge for the murder of Rajinder Kumar, punishable under section 302, of the Indian Penal Code and awarded imprisonment for life besides a fine of Rs. 500/- or in default of payment of fine to further undergo rigorous imprisonment for one year. He was also found guilty of the charge under section 324 of the Indian Penal Code for having voluntarily caused simple hurt with sharp edged weapon to Chhote Lal P.W. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- or in default thereof to suffer two months rigorous imprisonment. Balwant Singh appellant was found guilty of the charge punishable under section 307 of the Indian Penal Code for attempt to murder Faquir Chand P.W. and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 500/- or in default thereof to suffer six months rigorous imprisonment. Shiv Kumar appellant was found guilty of the charge punishable under section 324 of the Indian Penal Code for having voluntarily caused simple hurt with sharp edged weapon to Gopal Dass P.W. and awarded one year rigorous imprisonment and a fine of Rs. 200/- or in default thereof to further suffer two months rigorous imprisonment. Balwant Singh and Shiv Kumar appellants were, however, acquitted of the charge of murder of Rajinder Kumar while their coaccused Surinder Kumar and Updesh were acquitted of all the charges by the Additional Sessions Judge, Ferozpur. All the accused were also acquitted of the charge under section 148 of the Indian Penal Code. Both the substantive sentences in the case of Luxmi Narain were ordered to run concurrently.

(2.) The brief resume of the facts of the prosecution case is that on February 7, 1989 at about 1.45/2.00 p.m. in the area of Gowal Toli, at Ferozpur Cantt. Shiv Kumar accused started fixing a peg for tethering cattle alongwith wall of the enclosure of the cattle shed of Faquir Chand P.W. Faquir Chand objected to it which resulted in altercation and exchange of blows. But the timely intervention of Nathu Ram pacified the parties. Shiv Kumar accused then went to his house. About 4-5 minutes thereafter, Shiv Kumar armed with a knife alongwith Luxmi Narain accused carrying a Kirch and Balwant Singh alias Padam Singh accused carrying a dagger besides Surinder and Updesi empty handed, arrived there. Faquir Chand P.W. was then present near his cattle shed. Surinder Kumar accused exhorted his companions to eliminate Faquire Chand and settle the dispute for fixing peg forever. In the meanwhile, Chhote Lal witness and Rajinder Kumar deceased also arrived there at the spot on hearing alarm and tried to restrain the accused from picking up a quarrel. Laxmi Narain accused then gave a Kirch blow which landed on the chest on the right side of the face of Rajinder Kumar, Shambhu Nath accused secured Faquir Chand P.W. while Balwant Singh accused gave him a blow with right side of the dagger on the chest. He also gave another blow to Faquir Chand on his back. Rajinder Kumar deceased fell down on receipt of injuries. Laxmi Narain accused tried to give him further blows with Kirch but Chhote Lal P.W. intervened and received injury on his right hand. Oopal Dass P.W. also tried to save Faquir Chand but Shiv Kumar accused then gave a blow on his left hand. These witnesses raised alarm. The accused with their respective arms went away. Gopal Dass and Nathu Ram witnesses then removed all the injured in a three- wheeler to Civil Hospital, Ferozepur, where the doctor declared Rajinder Kumar Jead.

(3.) Dr. Y.C. Markan P.W. 1 medically examined P.W. Faquir Chand at 2.35 P.M. and found an incised wound on the right side of chest near the xiphi-sternum. Underlying rule was cut and exposed. This injury was subsequently declared dangerous to life. This doctor also found another incised wound on the back of chest near the midline. Chhote Lal P.W. was examined by Dr. Y.C. Markan at 2.40 p.m. and an incised simple wound on the right hand palmer aspect on the medial side was found. One simple injury was also found on the palmer aspect of the left hand of Gopal Dass P.W.