DARSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Additional Sessions Judge, Patiala, vide judgment dated 26th of May, 1984, convicted Darshan Lal resident of Alwal under section 302, Indian Penal Code, and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/-. Darshan lal filed appeal against this decision.

(2.) THE material facts of the prosecution case are that the appellant Darshan Lal had borrowed some money from the deceased Jang Singh. The latter insisted for its return which made the appellant inimical towards him. On 17th of October, 1983, at about 12 noon an altercation took place between the appellant and the deceased near the house of the appellant. The latter went to his house and brought a Sua with him. The deceased tried to run for his life but the appellant chased him and gave a Sua blow on his back felling him in a vacant site adjoining the street. This occurrence was witnessed by widow of the deceased Mohinder Kaur (PW 2), his brother Labh Singh (PW 10) and one Pritam Singh. In their presence the appellant gave further Sua blows to the deceased on his chest and abdomen while he lay fallen. After causing injuries to the deceased the appellant took to his heels. The deceased succumbed to the injuries at the spot, Mohinder Kaur (PW 2) went to Police Station, Bhadson, and lodged the First information Report (Exhibit PE) at 1-30 P.M. on the same day which was recorded by A.S.I. Ajit Singh (PW 11). The latter rushed to the place of occurrence and prepared Inquest Report (Exhibit PC). He did not find any blood at the spot. The appellant was arrested by Sub Inspector Surinder Singh (PW 12) on 20th of October, 1983, and was interrogated on 22nd of October, 1983. In pursuance of his disclosure statement (Exhibit PG), Sua Exhibit P-1 was recovered vide memo (Exhibit PG/1).

(3.) THE appellant when examined under section 313, Code of Criminal Procedure, denied complicity in the crime and stated as follows :-