VIJAY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Vijay was convicted for offence under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 4000/- and in default to undergo a further period of one year rigorous imprisonment. He has challenged the above judgment of conviction and sentence passed by the trial Court.

(2.) The brief case of the prosecution is that Mohinder Bhagat (deceased) was a pujari in the temple of Mata situated in the village Kular. About one month prior to the occurrence Gian, the father of the accused died as a result of illness. The family of the accused had a suspicion that Gian had died as a result of black magic performed by Mohinder Bhagat. Thus accused nursed a grudge against Mohinder Bhagat. On 26.5.2008 at about 8.00 P.M. Mohinder Bhagat left the house for performing pooja in the temple of Mata situated in the village Kular. He used to come back at 10.00 P.M. but on the said day he did not return. His wife PW5 Banso waited for him upto 11.00 P.M. and thereafter went to sleep. She got up at about 00.30 A.M. on 27.5.2008 and proceeded to the temple in search of her husband Mohinder Bhagat. When she reached the temple she found him lying on the ground near the door of the temple. There was a deep wound on his neck. He had already died. By that time she saw the accused going towards his house speedily, holding a weapon resembling Datar in his hand. PW4 Nirmal Singh has deposed that on 26.5.2008 at about 11.00 P.M. he went for a walk near the temple in the village. He spotted the accused delivering blow with Datar on the back side of the neck of his brother Mohinder Bhagat, while he was locking the door of the temple. When Mohinder Bhagat fell down, the accused again gave a blow with his Datar on the back side of the left leg. The accused not only threatened PW4 but chased him for about 1 K.M. and as a result of which PW4 concealed himself in the field of Sunflower crop. He remained there throughout night. After coming to know that police has come to the scene of occurrence, he came to the temple.

(3.) PW8 Dr. Sunil Sharma conducted post mortem examination on the dead body of Mohinder Bhagat on 27.5.2008. He found an incised wound measuring 6 cm x 2 cm on the left side of the neck. Trachea was cut. He also found an incised wound measuring 4 cm x 2 cm on the back side of the left leg. In his opinion Mohinder bhagat had died due to neurogenic and haemorrhagic shock due to the injury in his neck which was sufficient to cause his death in the ordinary course of nature.