NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred by appellant -herein Nirbhai Singh (accused) against the judgment dated 08.09.2009 and order of sentence dated 09.09.2009 passed by the Court of learned Sessions Judge, Sangrur in criminal case bearing FIR No. 169 dated 27.12.2007, Police Station, Sadar Sangrur, under Sec. 302, IPC, vide which the appellant (accused) was convicted for the offence under Sec. 302, IPC and sentenced to undergo imprisonment for life with no order as to fine.

(2.) The case as put -forth by the prosecution before the learned trial Court in brief was that on 27.12.2007 SI/SHO Harvinder Singh of Police Station, Sadar, Sangrur along with ASI Gurjant Singh and other police officials was present in the area of Bus Adda, Julamgarh in connection with patrolling on a Government vehicle bearing No. PB -12 -G -8542. There came to him complainant -Smt. Malkiat Kaur widow of Mohinder Singh resident of Lala Pati Ladda, Police Station, Dhuri along with one Virinder Singh, Ex -Panch of village Saron. She made her statement before him which was recorded as under: -

(3.) Thereafter, SI/SHO Harvinder Singh along with his police officials, complainant -Malkiat Kaur and Virinder Singh Ex -panch came to the spot of occurrence in village Saron and inspected the same. Inquest report with regard to dead body of the deceased was prepared. Statements under Sec. 175, Cr.P.C. of the concerned persons were also recorded. Thereafter, he sent the dead body of the deceased to Civil Hospital for the post -mortem through HC Teja Singh. Site plan of the place of occurrence was prepared. Blood stained earth was lifted from the spot, which was converted into a parcel by putting the same in the Dabbi Tin, duly sealed by him with his seal of "HS". During investigation of the case, accused -Nirbhai Singh was apprehended in this case on 27.12.2007. During interrogation he got recovered blood stained knife (Kard), wrapped in a glazed -paper. Its rough sketch was prepared and the same was taken into police possession. During his personal search, currency note of Rs. 50/ - was recovered, which was also taken into police possession vide a memo. Accused was formally arrested in this case and grounds of arrest were also disclosed to him. Abovesaid parcels containing blood -stained earth and knife (Kard) were sent to the Forensic Science Laboratory, Chandigarh for the chemical analysis. Photographs of the place of occurrence were also taken. Statements of witnesses were recorded. On receipt of report of Chemical Examiner and on the completion of investigation, challan in this case was presented against the accused in the Court of learned Illaqa Magistrate, Sangrur, who further committed this case for trial to the Court of learned Sessions Judge, Sangrur after making compliance of the provisions as envisaged under Sec. 207, Cr.P.C.