UTTAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 05.12.2002, vide which accused-appellant Uttam Lal has been held guilty and convicted for the offence punishable under Section 302 Indian Penal Code (for short 'IPC') and the order of sentence of the even dated vide which he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine he was further ordered to undergo rigorous imprisonment for a period of one year.

(2.) The brief facts giving rise to this prosecution are that PW-6 Joga Singh-complainant, the brother of deceased Dargah Singh made the statement Ex.PG dated 27.02.2001 to the police alleging therein that he along with his elder brother Dargah Singh had gone to attend the marriage of the son of Waryam Singh on 27.02.2001 alongwith accusedappellant Uttam Lal, who was working with them as an agricultural servant and was residing in Kotha built in their fields. When they returned to their fields at about 1-2 P.M after attending the marriage, accused-appellant Uttam Lal demanded a sum of Rs. 3000/- as he wanted to go to his village situated in Bihar. Deceased Dargah Singh told the appellant that he would arrange the money in 2-3 days, but Uttam Lal insisted that money be paid to him then and there. The complainant also assured Uttam Lal that he would arrange for the money. The complainant had gone hardly 50 feet ahead to look after the fields when he heard the noise 'Mar Ta, Mar Ta'. The accused was inflicting injuries on the face of Dargah Singh with the help of a brick while he was lying on the cot. Uttam Lal was saying "Saley Kam Kara Letey Hai Paisey Dete Rotey Hai". The complainant went to rescue his brother. Uttam Lal moved towards the complainant with the handle of the spade. The complainant retreated and raised alarm. PW-7 Amrik Singh and Balbir Singh were attracted to the spot. Uttam Lal gave 2-3 blows with the handle of the spade (Danda) to Dargah Singh. Dargah Singh fell down from the cot. On their arrival accused fled away from the spot along with the Danda. On the basis of the statement of complainant Joga Singh Ex.PG FIR Ex.PG/2 was registered and investigation was started.

(3.) PW-9 Inspector Sewa Singh prepared the inquest report Ex.PE. He handed over the papers to HC Gurnam Singh with the request Ex.PD/1 for conducting the postmortem examination on the dead body of Dargah Singh. After the postmortem examination, HC Gurnam Singh handed over the postmortem report, inquest report, documents attached with the inquest report alongwith belongings of the deceased to the Investigating Officer, which were taken into possession vide memo Ex.PQ. The Investigating Officer along with the police officials went to the place of occurrence and inspected the scene of crime. He lifted from the spot the blood stained earth, the blood stained jute rope of the cot, one pair of the shoes of the deceased and half brick stained with blood from the spot vide separate memos in separate sealed parcels. The Investigating Officer prepared the rough site plan of the place of occurrence Ex.PR. He also got the spot photographed.