AMRIK SINGH MEEKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Amrik Singh alias Meeka son of Lakha, Singh, resident of village Ranipur Rajputan, Tehsil Phagwara, District Kapurthala, has been convicted by Shri J.C. Aggarwal, Sessions Judge, Kapurthala under Section 302 of the Indian Penal Code on 31.7.1992 and sentenced to rigorous imprisonment for life and also required to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. Aggrieved against it, the present appeal has been preferred.

(2.) Briefly the story of the prosecution is that on 22.5.1989 at about 12.50 P.M. Kuldeep Singh started from Nakodar and was driving Bus No. PAB 6275 which contained several passengers and it was on its way to Phagwara. At about 1.40 p.m. the aforesaid bus was at Chowk Hadiabad where a few passengers were dropped whereas truck No. PJX 9271 driven by Amrik Singh alias Meeka was coming from the opposite direction and after opening the windows it is alleged that there was exchange of words between the two. Kuldeep Singh driver alighted from the bus and was expressing his grievance as to why he was being abused by Amrik Singh, the driver of the truck. Amrik Singh took out an iron rod from his truck and allegedly gave a blow on the head of Kuldeep Singh as a result of which Kuldeep Singh fell on the ground. Thereafter, Amrik Singh drove his truck running over Kuldelp Singh while he was lying on the ground and as a consequence received injuries on head as well as on face. Besides, Narinder Singh Conductor the occurrence was seen by Jasbir Singh son of Sucha Singh and Ratan Singh son of Karam Singh, who were residents of village Barha Pind and were travelling in the bus allegedly driven by the aforesaid Kuldeep Singh. Kuldeep Singh was placed in a Motor Car which was found parked at the nearby liquor vend and was taken to the Civil Hospital, Phagwara. However, Kuldeep Singh succumbed to the injuries on the way to Civil Hospital. The FIR also contains a mention at the fag end that the occurrence was also seen by Jaspal Singh who was also alleged to be a passenger in the aforesaid bus according to Narinder Singh, conductor of the bus, on whose statement FIR was recorded at 3.10/3.50 p.m. at Police-Station, City Phagwara. However, the special report was delivered to the Ilaqa Magistrate posted at Phagwara itself at 5.50 a.m. on 23.5.1989. The post mortem examination was conducted on 23.5.1989 on receipt of the inquest report by the Medical Officer at 9.00 a.m. on 23.5.1989.

(3.) The iron rod Ex.PL was recovered at the instance of Amrik Singh as a consequence of his disclosure statement recorded on 24.5.1989 in the presence of PW5. Jasbir Singh son of Sucha Singh and Joginder Pal, H.C. Police Station City Phagwara. Deepak Arora allegedly produced the truck on 26.5.1989.