RAVINDER KUMAR @ BITTU @ BHIMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 02.08.2010 rendered by learned Sessions Judge, Kapurthala whereby appellant-accused Ravinder was held guilty for committing offence punishable under Section 302 IPC for causing death of Ram Kumar. Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-; in default of payment of fine, to further undergo rigorous imprisonment for 3 months for the offence punishable under Section 302 IPC.

(2.) Brief facts of the case are like this; that on 25.10.2009 at about 7.00 PM, Ashwani Bedi (complainant) along with his brothers Ashok Kumar and Ram Kumar were present in Mohalla Nigahan, Mehli Gate, Phagwara, in connection with some domestic talk. His cousin Sanjiv Kumar also came there. Ram Kumar was having some money dealings with Ravinder-accused. Ravinder also came there armed with scissors. He raised lalkara that Ram Kumar should not be spared as he demanded back money from him. He attacked on Ram Kumar with scissors. He gave a blow to Ram Kumar which hit him on his left elbow. He gave another blow to Ram Kumar which hit him on the left side of his chest. They all raised hue and cry. They took Ram Kumar to hospital, where he was declared dead. Ashwani Bedi got his statement, Ex. PC, recorded to the police whereupon formal FIR, Ex. PC/2, was recorded. Inquest report, Ex. PH, was completed. Post-martem on the dead of Ram Kumar was got conducted. Site plan of the spot, Ex. PL, was prepared. Sealed parcel, containing cloth of the deceased which was produced before Investigating Officer after the post-martem of Ram Kumar, was taken into police possession, vide memo Ex. PM. Accused was arrested. On 28.10.2009, on interrogation, accused gave disclosure statement, Ex. PE, to the effect that he had kept concealed one blood stained scissors after wrapping it in a polythene bag at Chachokee Pulli underneath pavement of the canal falling between Onkar Nagar and Urban Estate, Phagwara and further that he can get the same recovered by giving demarcation. In pursuance with the aforesaid disclosure statement, accused led the police party to the disclosed place and after removing earth from the pavement of the canal, he got recovered scissors and the same was converted into a sealed parcel and was taken into police possession, vide memo Ex. PG. Before that, rough sketch of scissors was also prepared as Ex. PF. Site plan of the place of recovery of scissors was also prepared as Ex. PQ. Sealed parcel of the clothes of the deceased was sent to FSL for chemical examination whereupon report, Ex. PR, was obtained. As per the report of Chemical Examiner, human blood was found on the cloth of the deceased as well on the scissors.

(3.) After completion of necessary investigations, the accused was challaned in this case. Appellant-accused was charge-sheeted under Section 302 IPC. After taking entire prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded wherein accused denied each prosecution allegation and pleaded his innocence and false implication.