BIRU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 1.5.2003 of the Sessions Judge, Fatehgarh Sahib whereby he convicted Appellant Biru Ram under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to undergo further RI for six months. He further convicted Biru Ram under Sections 201/34 IPC and sentenced him to undergo R.I. for four years and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo RI for six months. Both the sentences were ordered to run concurrently.

(2.) CASE of the prosecution is unfolded by the statement of Mohinder Ram given to Major Singh, SI/SHO, Police Station, Fatehgarh Sahib on 10.4.1999 at 6.15 a.m. at the turning point of Village Talania. Mohinder Ram stated that he is a labourer. On 9.4.1999 at 11 p.m., he along with his younger brother Biru Singh had come back from work. A stero was playing loudly in the house of Biru Ram alias Bittu son of Shana Chand Bazigar. Biru Ram's brother Shingara Ram also lived there. The stereo was causing inconvenience to the complainant party. Mohinder Ram asked his brother Biru Singh to ask Biru Ram alias Bittu to turn down the volume of the stereo. Biru Singh scaled the 1 foot high wall which separated the houses of the complainant and the Appellant party. Biru Singh requested Bimla Devi alias Bholi, sister -in -law of Biru Ram to bring down the volume of the stereo. Brother of Bimla Devi namely Mohan Lal alias Mohni who was also present, came there and said that they would not bring down the volume of the tape recorder (stereo) and Biru Singh can do whatever he likes. In the meanwhile, Bimla Devi's Devar (husband's younger brother) Biru Ram alias Bittu and his mother -in -law Piari Devi also came out. Biru Ram pushed down Biru Singh in the room and said that they would teach him a lesson, as to why he was asking them that the sound of the tape -recorder be reduced. A scuffle took place between Biru Ram alias Bittu and Biru Singh. Complainant Mohinder Ram went there to separate them. Bimla Devi caught hold of Biru Singh from his right arm. Mohan Lal caught hold of the hair of Biru Singh and Piari Devi caught Biru Singh from his left arm. Piari Devi, mother -in -law of Biru Ram then shouted that Biru Singh should be eliminated. Mohinder Ram who also came to the place of occurrence asked them as to why they were doing this. At this, Biru Ram alias Bittu who was holding a knife in his right hand, gave a blow on the chest of Biru Singh. Biru Singh fell down, while falling down, Biru Ram gave another knife blow on the back of Biru Singh. Mohinder Ram raised an alarm. Biru Ram alias Bittu run after complainant Mohinder Ram with his knife. Mohinder Ram then entered his own house and locked his room from inside. Mohinder Ram and his wife Jito Devi saw from the window, Biru Ram, Mohan Lal and Bimla Devi dragging the body of Biru Singh. After about two hours, when everything became normal, Mohinder Ram found the body of his brother near a cycle -kiosk (Khokha).

(3.) THE prosecution to prove its case, brought into the witness -box PW -1 Dr. K.S. Khullar, PW -2 Mohinder Ram complainant, PW -3 Jeeto Devi, PW -4 HC Harpreet Singh, PW -5 Sadhu Singh Draftsman, PW -6 ASI Rajinderpal Singh, PW -7 SI Major Singh, PW -8 ASI Hakikat Singh, PW -9 Mohan Lal, PW -10 HC Gurmail Singh, PW -11 Constable Parkash Kumar and PW -12 HC Pritpal Singh.