VINOD KUMAR NEPALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the sole convict Vinod Kumar Nepali, through jail. He assails the judgment and order of his conviction and sentence dated 30.07.2002 passed by the learned Additional Sessions Judge, Muktsar. The appellant has been convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life; besides, pay a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) FIR No.104 dated 26.07.1998 (Ex.PA) was registered at police station Sadar Malout on the statement of Natha Singh son of Vir Singh i.e., father of the deceased Balkar Singh. It is alleged in the FIR that Natha Singh, who is an agriculturist and residing in village Kolianwali, had three sons, namely, Gurcharan Singh, Balkar Singh and Darbara Singh who were also agriculturists, carrying on their work separately. The appellant Manohar @Vinod Kumar Nepali was working as agricultural labourer (Siri) with his son Balkar Singh. Rs. 2,000/- had been paid by Balkar Singh (deceased) to the appellant as wages but he was demanding more money, which Balkar Singh (deceased) refused to pay. Consequently, a quarrel ensued between the two and his son (Balkar Singh) had also abused the appellant on the intervening night of 25th/26th July, 1998. They had their turn of canal water between 8.30 p.m. to 3.30 a.m. near the field of Assa Singh. Balkar Singh (deceased) and Vinod Kumar Nepali (the appellant) accompanied by Gurcharan Singh i.e., Natha Singh's other son proceeded to irrigate their field with the canal water. Natha Singh went to the fields a little later taking the meal for Balkar Singh (deceased), Gurcharan Singh and the appellant. At about 12-12.30 a.m. Natha Singh's son Balkar Singh was resting on a cot in the fields itself. The appellantaccused told Natha Singh that Balkar Singh was not giving him money and also abused him. Natha Singh's other son Gurcharan Singh went towards the water outlet (Mogha) to take a round. The appellant Manohar @Vinod Kumar Nepali gave a blow with spade to Balkar Singh, who was lying on the cot and when Natha Singh challenged the appellant, he gave two more blows from its sharp side. These blows caused injuries on the jaw, chin and neck of the deceased. Thereafter, the appellant Vinod Kumar Nepali threw the spade and ran away towards the fields. Balkar Singh died on the spot due to the injuries inflicted upon him. Gurcharan Singh, the brother of the deceased, also came there. The complainant (Natha Singh) thereafter, leaving him to guard the dead body went to his house. Then he along with the respectables went to the police station and lodged the FIR (Ex.PA), which was recorded by SI/SHO Ranjodh Singh (PW4), the Investigating Officer.

(3.) The Investigating Officer, SI/SHO Ranjodh Singh (PW4) on reaching the place of occurrence prepared the inquest report (Ex.PE) in the presence of Joginder Singh (PW3) and Bhupinder Singh. Blood stained earth as well as normal earth was collected by SI/SHO Ranjodh Singh (PW4) from beneath the cot and sealed in two separate parcels bearing his seal 'RS' and taken into possession vide memo Ex.PB. The blood stained spade (Ex.P1) was also taken into possession vide memo Ex.PC. The blood stained piece of plastic 'Navaar' (tape with which the cot is woven) was also taken and sealed parcel was prepared. It was taken in possession vide memo Ex.PD. The cot was also taken in possession vide memo Ex.P3. The dead body was sent to Civil Hospital, Muktsar for post-mortem examination with a request (Ex.PG) to the Senior Medical Officer. Rough site plan of the place of occurrence was prepared vide Ex.PH. The post-mortem examination was conducted on 26.07.1998 by Dr. S.S.Malhi (PW7) at Civil Hospital, Malout. The shirt (Ex.P4), Pyjama (Ex.P5), Knicker (Ex.P6) of the deceased and torch (Ex.P7) were handed over to Constable Chanan Ram and they were taken in possession vide memo Ex.PF by the Investigating Officer after preparing their sealed parcels and affixing his seals 'RS'.