PUNNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PUNNA son of Nor has filed the present appeal to challenge to conviction and sentence recorded against him by the Sessions Judge, Ferozepur on 23.8.1995.

(2.) BRIEFLY stated, the facts of the prosecution case, as brought out in the testimony of its witnesses, are that on 16.1.1994 at about 6 P.M. Mehla complainant (PW2) alongwith his brother Tenia was coming from the side of village Arniwala and was going towards village Killi Bodla and when they reached near the Barseem fodder field of Joginder. Singh, accused Punna, Mangal and Gokha with gandasa, dang and set a respectively were seen causing injuries with their respective weapons to Kulwinder Singh son of Mehla complainant. Thereupon, Mehla and Tehla raised alarm "Na MaroNa Maro" but they did not stop. At that time Binder, the 14 years old daughter of Punna was also standing there and she raised an alarm "Na Maro Na Maro". In the presence of these witnesses, the aforementioned persons inflicted injuries on the head of Binder, as a result whereof, she too fell down. After giving these blows, Punna, Gokha and Mangal ran away from the spot and when Mehla and his brother Tehla reached near the place where the attack had taken place they found Kulwinder Singh and Binder lying dead in a pool of blood. According to Mehla, the cause of murder was the suspicion nursed by Punna that his daughter had illicit relations with Kulwinder Singh and on account thereof in pursuance of their common intention, the three assailants had killed Kulwinder Singh and Bindelf Leaving Ginda and Kundan, who also reached at the spot near the dead bodies. Mehla went to Police Station Makhu where his statement was recorded by Inspector Baljinder Singh (PW5). After recording of the FIR, Inspector Baljinder Singh had accompanied the two witnesses to the spot on the following morning. There, he prepared the inquest report Ex. PB in relation to the dead body of Kulwinder Singh and ASI Gurmohan Singh prepared inquest report Ex. PE In relation to the dead body of Binder. Inspector Baljinder Singh lifted the blood stained earth from the places where the dead bodies were lying and sent the dead bodies for post mortem examination. One blade of the gandasa alongwith broken dang portion of the gandasa was also taken into possession vide memo Ex. PJ. He also prepared rough site plan Ex. PL of the place of occurrence, searched for the accused and was able to arrest them only on 23.1.1994 when they were produced by Swaran Masih, Municipal Commissioner. He had also got conducted post mortem on the dead bodies of Kulwinder Singh and Binder and on completion of the investigation, put in challan against the accused.

(3.) TO bring home the charge, the prosecution examined PW1 Dr. Vajinder Singh; PW2 Mehla; PW3 Tehla; PW4 Parwinder Singh; Patwari, PW5 Inspector Baljinder Singh and PW6 ASI Gurmohan Singh and tendered into evidence reports of Chemical Examiner Exs. PR and PS and reports of the Serologist Exs. PT and PT.