MANISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have assailed the judgment of conviction and order of sentence dated 17.10.2002, passed by the learned Additional Sessions Judge, Ferozepur, in Sessions Case No. 17 dated 10.09.1998 and Sessions Trial No. 106 of 2002, emanating from FIR No. 71 dated 18.05.1998, under Sections 302/149/120B and 148 of the Indian Penal Code (for short- 'IPC), Police Station Khuyian Sarwar, whereby, Manish Kumar (appellant No. 1), Ashok Kumar @ Channi (appellant No. 3) and Ashok Kumar @ Pappu (appellant No. 4) were convicted for commission of offences punishable under Sections 302 and 201 IPC and sentenced to undergo imprisonment for life each and to pay fine of Rs. 3,000/- each and in default of payment of line, to further undergo imprisonment for two years each for commission of offence punishable under Section 302 IPC and to undergo rigorous imprisonment for three years each and to pay fine of Rs. 1000/- each and in default of payment of fine, to further undergo rigorous imprisonment for six months each for commission of offence punishable under Section 201 IPC. While Nirmala Rani (appellant No. 2) was convicted for commission of offence punishable under Section 120B IPC and sentenced to undergo imprisonment for life and to pay line of Rs. 1,000/- and in default of payment of fine, to further undergo imprisonment for Six months for commission of offence punishable under Section 120B IPC. Vide impugned judgment of conviction, the accomplice of the appellants, namely Ranjit Singh @ Randhir was, however, acquitted.

(2.) The case of the prosecution is that the marriage of Manish Kumar (appellant No. 1) was performed with Asha Rani (deceased) about three months prior to the occurrence. He had been doing the work of junk dealer near the octroi post Abohar on the Ganganagar road. On 18.05.1998, the corpse of Asha Rani was brought to Civil Hospital, Abohar by her mother-in-law Nirmala Rani (appellant No. 2). Dr. Gurjit Singh Kalra (PW-5) sent memo Ex. P7 to the Police Station City Abohar. Further intimation about that was sent to the Police Station Khui Khera. On receipt of that information SI/SHO Sangram Singh (PW-9) came to the Police Station Khui Khera, where MHC produced ruqa Ex. PL and medico legal report of Manish Kumar (appellant No. 1). Thereafter, police party went to the Civil Hospital, Abohar. SI/SHO Sangram Singh (PW-9) moved an application Ex. P18) before doctor to seek his opinion regarding fitness of Manish Kumar (appellant No. 1) to make his statement. Dr. Gurjit Singh Kalra (PW-5) declared him (appellant No. 1) fit to make statement vide his endorsement Ex. P18/A.

(3.) Thereupon, SI/SHO Sangram Singh (PW-9) recorded the statement of Manish Kumar (appellant No. 1) Ex. P19 to the effect that on 17.05.2008 at about 7/8 a.m., he had gone to Fazilka, alongwith his wife Asha Rani (deceased) to meet the sister of his father namely Krishna Devi, who was residing in Khula Wali Gali Fazilka. After meeting her, they started back on their motorcycle at about 7.30 p.m. When they reached near the octoroi post Abohar, the fuel in the motorcycle was exhausted. Thereupon, he brought the motorcycle to petrol pump and got the fuel refilled, therein. Thereafter, they started to wards Abohar. They were being followed by a Maruti Van having registration number of Haryana State, which could not be read. Some time that van used to be brought in front of the motorcycle and some time on their back. The head light of his motorcycle was on.