BEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.06.2010 rendered by learned Sessions Judge, Ferozepur, whereby the appellantaccused Beera was convicted for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence dated 14.06.2010, he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/-. In default of payment of fine, he was further undergo RI for one year.

(2.) Sukhpal @ Sukha lodged the FIR of this case with the police stating that on 27.04.2009 at about 8:30/8:45 P.M., his uncle Prem (deceased) had gone to the Grain Market in connection with his work. He (Sukhpal) had also gone to that area. Accused Beera was inimical towards Prem as his wife had started living with Prem. He was also present near Gate No.1 of the Grain Market. He was having a 'CHHURI' (small dagger) with him. He was accompanied by Jatinder @ Bagga and Dharminder. Each one of them was also having a 'CHHURI'. Jatinder raised a lalkara and, thereafter, Jatinder and Dharminder caught hold of Prem by his arms, whereas Beera gave two successive blows with 'CHHURI' on the left side of abdomen of Prem.

(3.) On hearing shouts, Gabber reached the spot. Sukhpal and Gabber also raised alarm whereupon the assailants had fled away from the spot towards Rakhri road on red colour motorcycle. Prem was immediately taken to Civil Hospital, Ferozepur, where he died. On receipt of ruqa (Ex.P6) regarding death of Prem, ASI Harbhajan Singh, along with police officials went to Civil Hospital, Ferozepur and recorded the statement of complainant Sukhpal as Ex.P7. On the basis of this statement, formal FIR Ex.P7/B was got recorded. Inquest proceedings were completed. Postmortem of the dead body of Prem was got conducted. Sonu and Tinka identified the dead body of deceased.