SUNIL KUMAR @ SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sunil Kumar @ Sonu has filed this appeal against the judgment and order dated 16.09.2002, passed by the Court of Addl. Sessions Judge, Gurdaspur, whereby he has been convicted under Section 302 of the Indian Penal Code ( in short 'IPC') for committing the murder of Gulzari Lal and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default to pay fine, to further undergo rigorous imprisonment for a period of one year.

(2.) Briefly, the case of the prosecution, is that Inspector Jagjit Singh of Police Station Division No.1 Pathankot on 16.10.1999 on receipt of a chit from the Civil Hospital regarding death of Gulzari Lal reached the hospital, where Shakti Kumar Kohli (PW1) met him and he made statement (Ex. PA) that they own a shop in Post Office Chowk, Pathankot, regarding which litigation was going on in the Court with Pawan Kumar son of Kottu Ram resident of Chargian Mohalla, Pathankot. That litigation was decided by the Hon'ble Supreme Court in favour of the complainant party. Possession of the shop was delivered to them and no dispute arose at that time. That on 16.10.1999 at about 4.30 P.M., when they i.e. complainant party was effecting repair on the roof of the shop, Gulzaari Lal (deceased), father of the complainant Shakti Kumar, was looking after the repair work. Accused-appellant Sunil Kumar @ Sonu @ Nikka son of Pawan Kumar went upto the roof through stairs and assaulted Gulzari Lal father of the complainant. Gulzari Lal raised 'raula' which attracted complainant Shakti Kumar and his brother Ashok Kumar, who were also present in the shop. They went upstairs and found Sunil Kumar @ Sonu inflicting injuries with knife on the chest of their father Gulzari Lal. They raised hue and cries "Bachao" Bachao" then the accused-appellant ran away from the spot through adjoining roof of their shop. They arranged a vehicle and took their father Gulzari Lal to the Civil Hospital, Pathankot for treatment, where the doctors declared him dead. His statement (Ex.PA) was sent to the Police Station by Inspector Jagjit Singh after making endorsement Ex. PA/1 and on the basis of which FIR (Ex.PA/2) under Section 302 IPC was registered.

(3.) Inspector Jagjit Singh (PW9), Investigating Officer, visited the mortuary and prepared the inquest report (Ex.PJ). Dead body was handed over to Constable Kamaljit Singh and Ramesh Kumar to get conducted post mortem examination with application (Ex. PH). He visited the spot and prepared site plan (Ex.PM). Blood stained earth was lifted from the place of occurrence, which was converted into a parcel vide memo Ex. PB. On 20.10.1999, accused-appellant Sunil Kumar @ Sonu was arrested. During interrogation, he suffered disclosure statement (Ex. PC) and in pursuance of the same, he got recovered a knife (Ex.P1), which was taken into possession vide memo Ex. PD and after preparing its rough sketch (Ex. PD/1). Statements of the witnesses were recorded by the Investigating Officer.