PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 12.9.2002 passed by the then learned Sessions Judge, Ludhiana vide which appellant-Pardeep Kumar was held guilty and convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short 'the IPC') and the order of sentence of the even date vide which the appellant has been sentenced to undergo rigourous imprisonment for life and to pay a fine of Rs. 2000/- under Section 302 read with Section 34 IPC and in default of payment of fine to further undergo rigourous imprisonment for the period of four months.

(2.) As per the prosecution story, PW-5 Ashok Kumar, complainant, the brother of the deceased, made his statement Ex.PF/1 stating therein that his brother Kamal Kumar (deceased) was working on orchestra. Pooja alias Richa (co-accused) was also working in the group of his brother Kamal Kumar. She was a dancer. Appellant-Pardeep Kumar was a fast friend of his brother Kamal Kumar. That on 15.10.1998 in the evening, his brother Kamal Kumar and appellant-Pardeep @ Raju had gone to New Prem Nagar, Haibowal Kalan , Ludhiana, to the house of Pooja @ Richa. They did not return till late in the evening. At about 10 PM, complainant Pardeep Kumar reached New Prem Nagar, Haibowal Kalan, Ludhiana at the house of Pooja to know about his brother. In the house, Kamal Kumar and Pardeep Kumar-appellant appeared under influence of liquor. Appellant-Pardeep Kumar and Pooja were engaged in altercation with his brother Kamal Kumar. He tried to give counselling to them but it was of no effect. He came out of the house getting angry. After about 15-20 minutes, he again went back to that house along with PW-7 Jagmohan Singh. Then appellant-Pardeep Kumar slipped hurriedly from the house of Pooja. Pooja was also in hurry to leave the house. Both of them were frightened at that time. He and Jagmohan Singh went inside the adjoining room of the kitchen and saw that his brother Kamal Kumar was hanging from the ceiling fan. He was strangulated with half of the bedsheet and was dead. He further stated that Kamal Kumar was murdered by Pardeep Kumar @ Raju, the present appellant and Pooja in connivance with each other. The cause of the grudge was that Pardeep Kumar used to visit Pooja in the absence of his brother. His brother did not like it and was opposing his visit. His statement Ex.PF was recorded by PW-8 Head Constable Gurinderjit Singh on the basis of which the FIR Ex.PF/2 was registered and the investigation was started.

(3.) The Investigating Officer accompanying with complainantAshok Kumar reached the place of occurrence and inspected the same. He prepared the site plan of the place of occurrence. Copy thereof is Ex.PW-8/B. He carried out the inquest proceedings and prepared the inquest report and dispatched the dead body for the post-mortem examination. He took into possession a bedsheet from the place of occurrence which was kept in sealed parcel and was taken into possession vide memo Ex.PD. He also recovered one bottle containing liquor and cardboard box from the place of occurrence and were taken into possession vide memo Ex.PE. The clothes removed from the dead body after the post-mortem examination were kept into sealed parcel and were taken into possession vide memo Ex.PF. The accused appellant was arrested and on completion of the investigation, report under Section 173 Cr.P.C was presented before the trial Court.