MOHAMMAD AZAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHD . Azam son of Hasirudin resident of Plasmani, Police Station Bahadurganj, District Kishangarh (Bihar State) has filed this appeal against the impugned judgment of conviction and sentence order, both dated 15.2.2001 passed by Sh.A.K.Sharma, the then Additional Sessions Judge, Ludhiana. He was convicted under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life and to pay Rs.2,000/ - as fine and in default of payment of fine to further undergo RI for one year.

(2.) THE facts of the prosecution case are that on 14.12.1997, there was marriage of the son of PW Bachan Singh, elder brother of PW Amarjit Singh, father of deceased boy Gurjit Singh (aged about 14 years). Said Gurjit Singh used to study in VIIth standard. Marriage party come back in village Binjal at about 6 P.M. The family members of PW Amarjit Singh were to take meals at night time in the house of PW Bachan Singh. PW Amarjit Singh and his other family members came back to their house at about 8 P.M. after taking meals. Gurjit Singh (deceased) remained in the house of PW Bachan Singh as he was serving meals to the guests. He did not come to the house of PW Amarjit Singh at night time. PW Amarjit Singh was under the impression that Gurjit Singh would have slept in the house of his brother Bachan Singh after taking dinner. In the morning, PW Bachan Singh came to the house of PW Amarjit Singh and told him that the dead body of Gurjit Singh was lying in the Shamlat land towards the southern side of the village PW Amarjit Singh, father of the deceased boy, contacted Bikramjit Singh, Sarpanch and other respectables of the village and reached the place where the dead body was seen lying. There were marks of injuries on the neck and hands of Gurjit Singh. PW Bachan Singh was left to guard the dead body. PW Amarjit Singh accompanied by Bikramjit Singh Sarpanch and Gurdev Singh Panch went to Police Post Bassian. Amarjit Singh made statement there, which is Exh.PD. It was read over to him after it was reduced into writing and he signed it. Kashmira Singh, ASI made his endorsement Exh.PH/D and got this case registered. Exh.PD/2 is the copy of the FIR. The police party then proceeded to the place of occurrence. Inquest Report on the dead body of Gurjit Singh was prepared, which is Exh.PW12/A. Dead body was identified by PWs Bachan Singh and Gurdev Singh, who also attested the Inquest Proceeding. Blood -stained earth was picked up from the spot and was sealed into a parcel. Site -plan was prepared showing the place of occurrence, which is Exh.PW12/D. Dead body was despatched through C -1 Balwinder Singh vide police request Exh.PB for post -mortem examination.

(3.) INCISED wound 2.75cm x .5cm x .5cm on upper and inner part of left scapular region on back of chest. On dissection, blood was present and underlying bone was intact.