ANIL KUMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 6.10.2000 at about 5.30 P.M., complainant Ashwani Kumar (PW 6) (for brevity "the complainant") and his son Yogesh Kumar (deceased) were going on their scooter, whereas Ashok Kumar (PW 7) and Prem Kumar were also going on their separate scooter, towards Aliwal canal. As soon as, they reached near the clinic of Dr. Anil Agnihotri, in the meantime, their scooter rammed into a cycle and another scooter parked outside his clinic. Suddenly, appellant -convict Anil Kumar (for short "the appellant") and his brother Arun Kumar (acquitted accused) came out of the shop and started abusing them. Arun Kumar exhorted, to teach them a lesson. Thereafter, the appellant brought an iron rod from his shop and Arun Kumar also brought a wooden rod. It was alleged that Arun Kumar then caught hold Yogesh Kumar by his neck and dragged him from his scooter towards the shop. Ashok Kumar (PW 7) desisted him, but in vain. Meanwhile, the appellant gave blows with iron rod on the head and other parts of the body of Yogesh Kumar, whereas Arun Kumar had also inflicted blows with the wooden rod to Ashok Kumar. As luck would have been, Yogesh Kumar succumbed to his injuries at the spot. Then, the complainant raised hue & cry and Amit Kumar came there, after the occurrence was over. He removed Ashok Kumar in an injured condition to Civil Hospital, Batala. The complainant was going to lodge the report, whereas SI Paramjit Singh (PW 8) met him on the Dera road near Railway Crossing and he made his statement (Ex. PA). He signed the same in token of its correctness. PW 8 made his endorsement (Ex. PA/2) and sent it to the police station for registration of the case. Narrating the sequence of events, in all, the complainant claimed that the appellant and his brother Arun Kumar with their common intention have caused the murder of his son Yogesh Kumar and caused injuries to Ashok Kumar (PW 7) as well with their respective weapons. In the background of these allegations and in the wake of statement (Ex. PA) of the complainant, the present criminal case was registered against the appellant and his brother Arun Kumar (acquitted accused), by virtue of FIR No. 410 dated 6.10.2000 (Ex. PA/3), on accusation of having committed an offence punishable under section 302 read with section 34 IPC by the police of Police Station Sadar Batala, District Gurdaspur in the manner depicted here -in -above.

(2.) DURING the course of investigation, the police found Arun Kumar as innocent and exonerated him. However, after completion of the investigation, the final police report (challan) was submitted by the police only against the appellant. Subsequently, in pursuance of the application u/s. 319 Cr. PC filed on behalf of the prosecution, Arun Kumar was also summoned as an additional accused to face the trial for the commission of the indicated offence, vide order dated 8.6.2001 by the trial Court.

(3.) SEQUELLY , the prosecution, in order to prove the crime against the appellant and acquitted accused, examined PW 6 complainant Ashwani Kumar, who has deposed in the following terms: -