SIPNA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 24.01.2008, passed by the Sessions Judge, Jalandhar, vide which appellant-accused Sipna Ram has been held guilty for the commission of offence punishable under Sections 302 and 201 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year under Section 302 IPC and further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 201 IPC.

(2.) Brief facts of the prosecution case are that on 26.10.2004 Malkiat Ram and Sudan came in police station Sadar, Jalandhar and Malkiat Ram got recorded his statement in which he stated that he does the work of affixing the marble and grinding thereof in the houses. There are ten persons, consisting Sudan alias Babu Lal, Khakhshu alias Mohinder Pal, Ramjit, Prabhu and Sipna Ram working with him. They are labourers and living in a house taken on rent in Salempur Masenda. Sudan and Khakhshu are living together in a separate house and Ramjit, Prabhu and accused Sipna Ram are living separately in the house of Gurbachan Ram. Rest of the labourers are living in Rama Mandi. Complainant further stated that on account of Dushehra festival, all the labourers were on leave.

(3.) Accused Khakhshu, Ramjit, Prabhu and Sipna Ram did not come at the work place after leave. On that day i.e. 26.10.2004, complainant Malkiat Ram alongwith Sudan went to the house of Gurbachan Ram to know about those persons and also saw them at the house of Ramjit where Sipna Ram was found present. Complainant Malkiat Ram and Sudan asked from Sipna Ram about Khakshu upon which Sipna Ram replied that on the next day of Dushehra, Khakhshu had come to his house where he, Khakshu, Ramjit and Prabhu consumed liquor together. While drinking, they had some altercation and Khakhshu gave a push to Sipna Ram and Sipna Ram caught a 'dattri', made for cutting the sugarcane, and gave 3-4 blows with the said 'dattri' on the neck and face of khakhshu, who fell down in injured condition and died on the spot. Then at 12 o'clock on the same night, they all three put the dead body of khakhshu in a gunny bag and threw the same in the bushes near the tubewell situated on the Salempur Masanda Tallan, metalled road and covered the same with grass and branches of trees. Ramjit and Prabhu ran away from the spot at the same night and Sipna Ram went to the place of his work. The complainant further stated that the matter of this episode had been disclosed to him by Sipna Ram. Thereafter, complainant alongwith Sudan reached police Station. Complainant further stated that Sipna Ram alongwith his companions Prabhu and Ramjit killed Khakhshu and kept concealed his dead body in the bushes near the minor bridge because there had been land dispute in between Khakshu and Ramjit in their village, as per knowledge. FIR was registered on the same day i.e. 26.10.2004 at 7:00 p.m. Malkiat Ram, complainant, and Sudan produced accused Sipna Ram before the Investigating Officer. Thereafter, he interrogated accused Sipna Ram in connection with the murder of Khakhshu alias Mohinder Pal. Accused disclosed to have kept concealed the dead body of khakhshu in the area of village Talhan Salempur Masandan by putting the same in a gunny bag and covering with the bushes.