PARVINDER SINGH @ RUBI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment/order dated 08.02.2002/09.02.2002 passed by Sh. B.C. Rajput, Sessions Judge, Bathinda whereby, the appellant has been held guilty of the offence under Section 302 IPC for murdering Vijay Kumar and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/ - and in default to further undergo rigorous imprisonment for a period of 3 months.

(2.) THE complainant in the present case is none other than the unfortunate father who was an eye witness alongwith his younger son to the brutal and fatal assault of his young son Vijay Kumar, aged around 19 years, which took place on the deceased at 9.15 p.m. on 15.06.2000. The statement of Manphul Singh -complainant (Ex. PK) was recorded on 2.15 a.m. on 16.06.2000 by Rajinder Kumar, S.I. Incharge of the police post Canal Colony, Bathinda which was converted into the FIR (Ex. PK/2) at 2.30 a.m. at Police Station Partap Nagar, Bathinda and was received by the Magistrate at 8.15 a.m. The said FIR reads as under: -

(3.) THE prosecution examined the father of the deceased Manphul Singh as PW -6 and the brother of the deceased Ajay Kumar as PW -7, who deposed as per the version in the FIR and Mohinder Kumar, Inspector, SHO, P.S. Kotwali was examined as PW -9 to prove the rough site plan Ex. PO. Similarly, Rajinder Kumar, who had taken down the complaint of Manphul Singh -complainant was examined as PW -10 and deposed regarding the arrest of the appellant and recovery of Kirch which was taken into possession.