BHAMBAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused-appellant was convicted of the charge under Section 302, Indian Penal Code, and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/-; in default of fine further rigorous imprisonment for six months. Against that conviction and sentence dated 11.7.1992, passed by the Additional Sessions Judge, Ropar, this appeal has been filed.

(2.) BRIEFLY stated the prosecution case is as follows : At about 8.30 a.m. on 2.1.1988, complainant Paramjit along with deceased Rajwant Singh were proceeding towards their tubewell. Deceased Rajwant Singh was the son of the sister of the father of complainant Paramjit. The evidence indicates that said Rajwant Singh is the resident of village Niamu Majra, which is about 16 Kms. from the village of the complainant Paramjit. Rajwant Singh had casually come to the house of Paramjit. That is how on the date of incident, Paramjit and Rajwant Singh together were proceeding towards the tubewell. On way when they arrived near the school, where they noticed in all four accused, namely Roda (since acquitted), Mukhtiar Singh (since acquitted), Phambi (since acquitted) and Bhambar (present accused-appellant). Accused Bhambar was armed with an iron chain, whereas the other acquitted three accused were armed with sotis (sticks). Allegedly, Roda, Mukhtiar Singh and Phambi gave stick blows, which caused injuries to the ankle, cheek, shoulder and neck of Paramjit. On seeing that Paramjit was thus being attacked, the deceased Rajwant Singh intervened to his rescue. Thereupon, appellant Bhambar gave blow with iron chain on the left ear of Rajwant Singh and caused bleeding injury. Acquitted accused Phambi gave stick blow on the left leg of Rajwant Singh. It was followed by another blow with iron chain by Bhambar appellant on the left wrist of Rajwant Singh. It was further followed by a first blow by the appellant on the lips of Rajwant Singh. Paramjit and Rajwant Singh then raised shouts. On hearing the shouts, Mohinder Singh, the father of Paramjit, rushed to the spot and rescued the victims of the assault. The accused fled away with their respective weapons. The reason for this attack was stated to be an earlier incident regarding the allegation of theft of sugarcane by the acquitted accused Roda. The evidence indicates that the injured was then taken in tractor-trolley, and initially rushed to hospital, at Kharar. While on way to the hospital, the Police Sub-Inspector, who was on patrol duty, met the party near the bus-stand. On getting the information, the said Sub-Inspector Kuldip Singh recorded the first information report and duly sent it to the police station for its being formally registered there. The FIR was thus initially recorded at about 2 a.m. in the night between 2nd and 3rd January, 1988. It came to be formally entered in the register of the FIR at about 5 a.m. on 3.1.1988. While steps were being taken for registering the offence at the police station, the injured were duly sent to the Civil Hospital Kharar. Injured Paramjit was treated at Kharar. Following injuries were noticed on his person : 1. Abrasion 2 cm x 2 cm on the right cheek 4 cm. from the lateral angle of right eye; 2. Abrasion 4 cm. x 1/2 cm on the right cheek; 1/2 cm. from the right angle of mouth; and

(3.) THE accused came to be arrested on 11.1.1988. In consequence of interrogation, accused-appellant Bhambar volunteered to produce a chain, which was concealed by him. Pursuant to that a chain came to be recovered under Section 27 of the Evidence Act.