BHOLA YADAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -herein (accused) against the judgment and order of sentence dated 22.05.2010 passed by learned Sessions Judge, Rupnagar in case bearing FIR No. 62 dated 06.10.2009, Police Station, Railway Police, Sirhind vide which the appellant -herein was convicted under Section 302, IPC and sentenced thereunder.

(2.) THE case of prosecution before the Trial Court in brief was that on 06.10.2009 at about 7.00 A.M., PPHC Jagjit Singh No. 1374/GRP, Anandpur Sahib Police Post, alongwith PPHC Amarjit Singh No. 774 was present at Platform, Railway Station Kiratpur Sahib near the office of ASM for checking of suspects and saboteurs. At that time, they detected two persons of 'Sadhu' type quarrelling with each other on platform at a distance of about 150 meters towards the northern side of the railway station. On hearing their voice, said Jagjit Singh alongwith his colleague proceeded towards them for pacifying them and when they were at a distance of about 30 meters, they noticed that one person who has since been murdered was saying to the other person who had killed him "Bhola why are you beating me, I will give money to you". At the same very moment, the said person Bhola threw down the other person by jostling him and picked up a big stone lying nearby and struck the same on his head. As a result thereof, the said person started crying due to pain. The complainant started caring him, who anyhow breathed his last within few seconds. The assailant was captured by PPHC Amarjit Singh who on interrogation disclosed his identity as Bhola Yadav, s/o. Pirthi Yadav, resident of Anantpur, Police Station Janjia Bazar, District Saharsa (Bihar). The person, since deceased, was of the age of 45/50 years, moderately built, 5 feet 8/9 inches in height, wearing a Kurta and chadra of black colour. In the meantime, railway employee Ram Lal, point indicator, of Railway Station, Kiratpur Sahib also reached at the spot. In his presence also, the said Bhola Yadav was uttering that he has been done to death for demanding money.

(3.) THEN during trial of the case, the prosecution in order to substantiate its version examined as many as 12 witnesses.