VIRSA NAAG ALIAS RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Virsa Naag alias Raju was tried by the court of learned Sessions Judge, Jalandhar, for the offence punishable under Section 302 IPC, for committing the murder of Sunil. The trial court, vide its judgment and order dated 12.1.2009 convicted and sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs. 3,000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of six months, under Section 302.

(2.) IN this case, the prosecution was launched against the accused on the statement (Ex.PE) of Davinder Singh (PW.7), recorded by SI Bimal Kant (PW.13), SHO, Police Station Shahkot, on 18.2.2008 near Elementary School, within the area of village Billi Chaharm. In his aforesaid statement, the complainant stated that he was doing the work of agriculture. He along with his brother Tejinder Singh had taken 9 acres of land on lease from Bakshi Ram (PW.10). One motor (tube -well) was installed in that land and for looking after the said land, they had employed Sunil (since deceased), a resident of the State of Jharkhand, for the last about one year. On the previous night, i.e. on 17.2.2008, a party was arranged in the room meant for motor, as Itwa, a migrant labourer, who was serving with Balwinder Sigh, Sarpanch of the village, had to go back to his State. At about 11 PM, the complainant along with Bakhtaur Singh (PW.11) had gone towards his fields to have a round to prevent the cows from destroying the wheat crop. When they reached near the room of the motor, they heard abuses. They went near the motor and in the light of the electric bulb, which was glowing in the motor room, they saw that the accused, who was serving with Parduman Singh, Lamberdar, was saying to Sunil that he would be taught a lesson for abusing him. Thereupon, the accused gave a fist blow on the face of Sunil, who fell on the cot. The accused then picked up a spade (kahi) lying outside and within their sight, he gave many blows on the head of Sunil, when he was still lying on the cot. The complainant and Bakhtaur Singh went forward to save Sunil, but the accused started revolving the spade and ran away outside towards the fields. They chased him, but he managed to escape under the cover of the darkness. When they came back to the said motor room, they noticed that Sunil had sustained several injuries on his head and he had died. The complainant further stated that due to late night, they did not talk about this occurrence to any person and in the morning, disclosed the same to Balwinder Singh, Sarpanch and Balwant Singh Ex -Sarpanch. Accompanied by them, the complainant came to the place of occurrence and after leaving Balwant Singh by the side of the dead body, he along with Balwinder Singh proceeded to report the matter to the police.

(3.) AFTER making his endorsement (Ex.PE/1) on the said statement on the same day, i.e. on 18.2.2008, at 7.30 AM, SI Bimal Kant sent the same to the police station, on the basis of which the formal FIR (Ex.PE/2) was registered at 8.10 AM. Thereafter, SI Bimal Kant along with the police party and complainant Davinder Singh went to the place of occurrence, prepared the rough site plan (Ex.PK), the inquest report (Ex.PL), and recorded the statements of Balwant Singh Ex -Sarpanch and Yakub, who identified the dead body of Sunil. Gulshan Rai Sharma (PW.6), a photographer, was called at the spot and he took photographs (Ex.P1 to Ex.P7) of the place of occurrence. Thereafter, vide application (Ex.PM), the dead body was sent to Civil Hospital, Nakodar, for post mortem examination, through HC Som Nath (PW.12) and Constable Shingara Singh. One bed (cot), blanket, turban, jacket, khes, and one bed sheet (MO -2 to MO -6), all blood stained, were found at the spot. Bed (MO -7) was converted into a parcel, whereas the aforesaid clothes were converted into separate parcel (MO -1). Both the parcels were duly sealed by SI Bimal Kant with his seal and took the same into possession vide memo (Ex.PN).