MANJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CRA-D No.830-DB of 2013 (Manjit Kumar v. State of Punjab) and CRA-D No.658-DB of 2010 (Manjit Kumar v. State of Punjab).

(2.) Appellant Manjit Kumar has filed CRA-D No.658-DB of 2010 through jail and CRA-D No.830-DB of 2013 through counsel impugning his conviction under Section 302 IPC by learned Additional Sessions Judge, Nawanshahr and consequent sentence of rigorous imprisonment for life, besides, fine of Rs. 5,000/- and in default thereof, rigorous imprisonment for three months vide judgment and order dated 19.08.2009. Learned counsel for the appellant prays that CRA-D No.830-DB of 2013 be taken up for hearing as only one appeal is maintainable.

(3.) Prosecution was set in motion on the statement, Ex.PD of PW2 Sham Lal son of Harmesh Lal. He revealed that he is a mason by profession. His mother Mohindo Devi aged about 50 years was proceeding to the fields in order to attend the call of nature on 02.11.2007. PW2 Sham Lal and his paternal uncle's son, PW3 Parveen Kumar were following behind her. At about 5.15 p.m. his mother was passing in front of the house of appellant Manjit Kumar, who was standing there, spat towards his mother. His mother reprimanded appellant Manjit Kumar and said that he should not indulge in this act. Upon this Manjit Kumar again spitted on his mother. His mother scolded the appellant for a while. Appellant, in the presence of Sham Lal and Parveen Kumar, took out a kitchen knife from his pocket and repeatedly caused injuries on left and right side of her chest and thighs. His mother fell down and was in a pool of blood. While Sham Lal and Parveen Kumar were attending to Mohindo Devi, appellant made good the escape alongwith the knife. They arranged a conveyance and took her to Civil Hospital, Balachaur where she ultimately succumbed to her injuries. Action was prayed for against the appellant.