(1.) The appeal has been filed against the judgment of conviction and order of sentence dated 27.02.2009 passed by Sessions Judge, Patiala. The appellant was convicted in FIR No.14 dated 18.02.2007 registered for commission of offence punishable under Sections 302/323 IPC at Police Station Kotwali, Nabha, District Patiala. He was sentenced to undergo life imprisonment along with a fine of Rs.5,000/- under Section 302 IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year. He was also sentenced to undergo rigorous imprisonment for a period of six months under Section 323 IPC. Both the sentences were ordered to run concurrently.
(2.) Adverting now to the facts, Jora Singh- father of deceased Mohan Singh lodged a report with the police at 9.15 am relating to the incident, which had occurred around mid-night in the Gurudwara, Ghorewala, Nabha . His son Mohan Singh used to do kar sewa at Gurudwara. He did not return home on 17.02.2007. Jora Singh went to the Gurudwara to enquire about his son and saw a person whose name was later revealed as Jagjit Singh beating Sewadar Lal Singh. When Lal Singh fell down, his son Mohan Singh intervened to save Lal Singh but Jagjit Singh got annoyed and stabbed Mohan with a gatra (kirpan), it fell on the left side of his chest. Mohan Singh died on the spot. Baba Satnam Singh and some others reached on the spot. Jagjit Singh managed to run away with his gatra. Jora Singh fainted on seeing the occurrence and fell down. Mohan Singh was shifted to hospital by Satnam Singh and Multan Singh driver. Jora Singh recovered after some time and was left at his house by a Sewadar. In the morning, the complainant lodged a report. Jagjit Singh was subsequently arrested. The Gatra (kirpan) was recovered. The investigations were completed and challan was presented against the appellant under Sections 302 and 323 IPC.
(3.) Charge for commission of offence punishable under Sections 302 and 323 IPC was framed against the appellant to which the accused pleaded not guilty and claimed trial.