CHARAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 16.8.1996 of the Sessions Judge, Jalandhar whereby he convicted appellant Charan Dass son of Bhagat Ram under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo R.I. for three months.

(2.) THE prosecution story is unfolded by PW -1 Hans Raj who made a statement before PW -4 Inspector Harbans Singh stating that he is a resident of Village Taiwan. On 3.7.1995, at about 8/9 p.m., he along with his aunt Banti wife of late Girdhari Lal and Makhan son of Mohinder resident of Village Boparari, were going to Phillaur on cycles in connection with some personal work. Banti was sitting on the carrier of complainant's cycle. When they reached near the site of Baba Singla Dass, they saw Thakar Dass son of Girdhari Lal going ahead of them at a distance of two furlongs on a cycle. He was going to the Society of Village Poadra to attend to his duty. Appellant Charan Dass son of Bhagat Ram armed with an iron handle of a hand -pump and Sucha son of Charna, Adharmi, resident of Poadra, armed with a Kirpan at once emerged from the cluster of trees. They attacked Thakar Dass. Thakar Dass threw away the cycle and ran towards Village Taiwan. After about 40/50 yards from the cluster of trees towards Village Taiwan, Charan Dass and Sucha encircled Thakar Dass and started giving him injuries with iron handle of the hand pump. Injuries were inflicted on Thakar Dass was badly crushed and he fell down on the ground. He raised an alarm. Sucha ran away from the cluster of trees with his Kirpan. Both Sucha and Charan Dass ran away. Thakar Dass succumbed to his injuries at the spot. The motive for the commission of this offence was that about 4 months back, an altercation had taken place between deceased Thakar Dass and appellant Charan Dass and both of them had exchanged blows. The matter was reported to the police. Security proceedings under Sections 107/151 Cr.P.C. were initiated against them. Appellant Charan Dass kept this in mind and attacked deceased Thakar Dass.

(3.) THE prosecution to prove its case, brought into the witness -box PW -1 Hans Raj, PW -2 Dr.Mohinder Singh Narang, PW -3 Banti, PW -4 Inspector Harbans Singh and PW -Constable Baldev Singh.