DEVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.01.2010 rendered by learned Additional Sessions Judge, Hoshiarpur, whereby appellant -accused was convicted under Sec. 302 of Indian Penal Code (for short 'IPC') for committing murder of Amarjot Kaur daughter of Surjit Singh. He was also convicted under Sec. 309 IPC for attempt to suicide. Vide order of sentence dated 25.01.2010, the appellant -accused was sentenced to undergo life imprisonment for committing offence punishable under Sec. 302 IPC alongwith fine of Rs. 5,000/ -. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of 6 months. Appellant -accused was also sentenced to undergo RI for a period of one year for committing offence punishable under Sec. 309 IPC.

(2.) On the statement of Sandeep Singh, this case was registered on 07.08.2007. Complainant stated before the police that he is a student of MA History, studying at Government College, Hoshiarpur. He is the President of the Student Union. On 07.08.2007, at 10:00 A.M., he was present in the college premises alongwith other students in front of library. Kamaljit was also standing with him. While they were talking, some girl students also came there and stood near them. One of them was Amarjot Kaur daughter of Surjit Singh. She was studying in BA -III. At that time, accused Devinder, another college student came there. He appeared to have eaten some poisonous substance. The moment he came there, he gave two dagger blows to Amarjot Kaur in her chest. Those blows were given on the left and right side of the chest, thereafter, accused Devinder gave 4/5 more dagger blows which hit Amarjot Kaur on her right hand, fingers and back -side of the hand. Kamaljit, tried to save her then accused Devinder inflicted injuries upon him as well. Sandeep -complainant alongwith his other friends over powered Devinder along with dagger. Both Amarjot Kaur and Devinder were taken to Civil Hospital. Even the college staff also reached civil hospital. After first -aid to Kamaljit, he left for his home. Amarjot Kaur, succumbed to her injuries. Accused Devinder, who had consumed some poisonous substance, remained admitted in the hospital. He handed over the blood -stained dagger used in the commission of this crime and rough site plan of the dagger was prepared as Ex.PA and the same were taken into police possession vide recovery memo. Ex.PB. Parents of Amarjot Kaur also reached the hospital. The entire incident was witnessed by complainant and Kamaljit. Complainant also told the police that accused Devinder was harassing Amarjot Kaur for the last 2/3 days and Amarjot Kaur was trying to stop him. It was out of this grudge that Devinder attacked Amarjot Kaur.

(3.) On the basis of statement of complainant, formal FIR Ex. PC/2 was recorded. Investigations were conducted. Inquest proceedings were completed. Post -mortem of dead body of Amarjot Kaur was got conducted. Thereafter, the dead body was handed over to the relative of the deceased Amarjot Kaur. Parcel of the belongings of deceased Amarjot Kaur were taken into possession vide memo. Ex.PO. Photographs of the spot were got obtained from different angles. SI Onkar Dutt lifted blood -stained earth from the place of occurrence and the same was sealed into a parcel and then taken into the possession vide memo Ex.PD. A pair of lady sandals was also taken into possession by the police from the place of occurrence vide memo Ex.PE. Rough site plan of the place of occurrence was prepared as Ex.PQ. As accused Devinder was undergoing treatment in the hospital, therefore, a police guard was deputed at civil hospital. On 10.08.2007, accused Devinder was discharged from the hospital and was arrested. Three parcels containing dagger, clothes of the deceased and blood -stained earth were sent to Forensic Science Laboratory, Chandigarh for chemical examination. After completion of necessary investigations, the challan was put in the Court.