JASBIR MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by appellant - Jasbir Masih impugning judgment and order dated 07.07.2011 passed by the learned Sessions Judge, Amritsar. Appellant has been convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life besides to pay a fine of Rs.10,000/ - and in default thereof to undergo rigorous imprisonment for one year.

(2.) PROSECUTION was set in motion on the statement, Ex. PD, of Amarjit @ Vicky, brother of the deceased Mahesh Kumar @ Sonu. When his statement was recorded on 24.08.2009 he revealed that he alongwith his family members was residing in the area of Mustafabad, Amritsar for the last 15/16 years. He has four brothers, who live in village Kaler Kalan. As per his routine, he was engaged in labour work when he received a telephonic call from Mahesh Kumar @ Sonu deceased that he alongwith his friend Jasbir Masih -appellant were coming to meet him. When he reached home at about 6.00 p.m. his brother Mahesh Kumar @ Sonu and appellant Jasbir Masih @ Laddi also came present. After some time both of them went out at about 7.30 p.m. saying that they would be back after some work. A little while thereafter complainant came to know that two persons were quarreling with each other near the place of Dera Ghore Shah wali. He reached the spot and saw his brother Mahesh Kumar @ Sonu and his friend Jasbir Masih - appellant quarreling with each other. He also saw police party come there. Within his sight, appellant - Jasbir Masih took a dagger from his dub (waist) and started inflicting blows on his brother, who got covered in blood. Complainant raised alarm on which Jasbir Masih tried to flee. Police party, however, managed to apprehend him alongwith dagger. His brother succumbed to his injuries.

(3.) ON this statement, formal FIR No. 347 dated 24.08.2009 Ex. PD/2 was registered. PW7, SI Neeraj Kumar, SHO Police Station Vijay Nagar, Amritsar was on patrolling in the area when he received information about a quarrel taking place in Mustafabad. Police party rushed towards the place. PW7 also disclosed infliction of injuries by the appellant upon deceased Mahesh Kumar @ Sonu with dagger. Mahesh Kumar @ Sonu was taken to Guru Nanak Dev Hospital, Amritsar where he was declared dead. Rough site plan of the place of occurrence, Ex. PG as well as sketch of blood stained dagger Ex. PH, was prepared. Accused was arrested vide memo Ex. PK. Post mortem of the deceased was conducted on 25.08.2009 by PW6 Dr. Kirpal Singh, Government Medical College, Amritsar. Following injuries were found on the body of the deceased Mahesh Kumar @ Sonu: - -