HAREY RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dtd. 29/10/2009 passed by the learned Sessions Judge, Ludhiana whereby the appellant was convicted for commission of offence under Sec. 302 IPC in FIR No.63 dtd. 17/4/2006 registered at Police Station Division No.7, Ludhiana and vide order dtd. 29/10/2009 he was sentenced to undergo imprisonment for life and to pay fine of Rs.2000.00, in default of payment of fine to further undergo RI for six months. Factual matrix

(2.) The genesis of the prosecution is embodied in the FIR to which Ex.PD/2 is assigned. It is recorded therein that the present case was registered on the basis of the statement given by the complainant Ramji Rai (brother of deceased) before the police on 17/4/2006 to the effect that he alongwith his younger brother Vajra Rai were present in the dairy of Kuku No.48, Tajpur Road, Ludhiana and on reaching the dairy No.48-A they saw his brother Vajra Rai having an altercation with the appellant Harey Ram. The complainant Ramji Rai and Raju Kumar tried to pacify the appellant. However, he did not relent and gave a brick blow on the forehead of Vajra Rai and on an alarm being raised by them, the appellant ran away from the spot after throwing the brick. Blood was percolating from the forehead of Vajra Rai, brother of the complainant, who succumbed to the injuries received at the hands of the accused at the spot itself. The motive behind the occurrence was that both the deceased and accused were working in one dairy and they developed some dispute over nature of work to be done by them. Investigation

(3.) The abovementioned statement Ex.PD of Ramji Rai was recorded by Balbir Singh, SHO, Police Station Division No.7, Ludhiana near police post Tajpur Road which was read over and explained to the complainant, who thumb marked the same after admitting the genuineness and correctness thereof and Balbir Singh Sub Inspector put his endorsement Ex.PD/1 thereon and sent the same to police station Division No.7, Ludhiana through Head Constable Devinder Singh where a formal FIR Ex.PD/2 was registered by Balwinder Singh ASI. Thereafter, Balbir Singh SI alongwith the complainant and police party reached the place of occurrence, inspected the spot, prepared inquest report Ex-PC on the corpse of Vajra Rai and also recorded the statement of Raj Kumar and Raju Kumar under Sec. 175 Cr.P.C.