(1.) Appellant Jagtar Singh has brought his appeal against the judgment of conviction and order of sentence dated September 1, 2000, passed by the learned Sessions Judge, Faridkot, whereby he was convicted under S. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- and further to undergo R. I. for two years in default of payment of fine.
(2.) In brief, the prosecution story, as described and divulged by the witnesses at the trial, is like this :- On July 23, 1995, at 7 a.m. Nachhattar Singh (22 years) since deceased was going to the fields for answering call of nature in the area of village Moranwali, When he reached in the street near the house of Malkiat Singh, there he was heard raising an alarm "maarta maarta" - (killed killed) by his father Phagga Singh and brother Kulwinder Singh, who were also coming behind to answer call of nature. Thereupon, they both rushed to the spot and saw that appellant-Jagtar Singh was stabbing with his knife (Ex. P4) on the person of Nachhattar Singh, who was lying on the ground. On seeing so, Phagga Singh (PW- 6), father and Kulwinder Singh (PW-7), brother also raised an alarm "Na Maar" "Na Mar" (Don't Kill Don' Kill). Thereupon, appellant Jagtar Singh fled away from the spot along with his knife. As a result of the injuries sustained on his head, chest and back at the hands of the appellant, Nachhattar Singh died at the spot. After this occurrence. Phagga Singh, who is a complainant in this case asked his son Kulwinder Singh to guard the dead body of his son and then he himself in the company of Chowkidar Jugraj Singh left for police station to lodge a report. Motive behind this occurrence was that on the previous date i.e. July 22, 1995, Nachhattar Singh (deceased) and appellant Jagtar Singh had gone to graze their respective buffaloes and there they had some al- tercations and on account of that, the appellant was nourishing a grudge against the deceased.
(3.) Complainant Phagga Singh, who appeared in this case as PW-6, while he was on his way to the police station, met Inspector Baldev Singh (PW-8) at the bus stand of village Kaler at 9.30 a.m. where he made his statement (Ex. PH) in the above narration of facts, on which the Inspector made his endorsement Ex. PH/1, on the basis of which, formal FIR Ex. PH/2 was recorded by ASI Joginder Singh at 10 a.m. The special report in this case reached to the Judicial Magistrate 1st Class, Faridkot at 11.15 a.m. on the same day. In this case, distance of police station Faridkot from the place of occurrence is that of 7-1 /2 miles. After registration of the FIR, investigation of this case was taken into hand by Inspector Baldev Singh (PW 8). He rushed to the place of occurrence. There he prepared the inquest report Ex. PG. Then he lifted blood stained earth from the spot and made the same into a sealed parcel whfch was taken into possession vide recovery memo Ex. P1 attested by Phagga Singh (PW6) and Iqbal Singh ASI. From the spot, he also took into possession one pair of chappal and one empty dabba made of plastic which were converted into a sealed parcels and were taken into possession vide recovery memo Ex. PJ. At the spot, the Investigating Officer also prepared the rough site plan Ex. PN of the place of occurrence with his correct marginal notes in his hand. Dead body of the deceased was sent to Faridkot for post mortem examination, and the post-mortem report is Ex. PE. Thereafter, the house of the appellant was raided, but he was not found there. The appellant was arrested in this case on 25-7-1995. Upon his interrogation by Inspector Baldev Singh (PW 8), he made disclosure statement Ex. PK in pursuance of which, he got recovered blood stained knife (Ex. P-4) which was taken into possession vide recovery memo Ex. PL. Rough sketch of the said knife is Ex. PM which was prepared by the Investigation Officer at the place of recovery in the presence of Kulwinder Singh (PW 7) and ASI Iqbal Singh. On return to the police station the articles taken into possession were deposited in the police station with seals intact. After completion of the investigation of this case, the appellant was challaned for commission of offence punishable under S. 302, I. P. C. The appellant was charge sheeted under S. 302 of the I. P. C. for committing the murder of Nachhattar Singh deceased by the trial Court vide its order dated 10-11-1995, to which he pleaded not guilty and claimed trial.