GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated November 19, 1993 passed by the Sessions Judge, Amritsar, whereby he convicted the appellant under Section 392 of the Indian Penal Code and sentenced him to undergo life imprisonment and to pay a fine of Rs. 2,000/-, in default of payment of which to undergo further rigorous imprisonment for six months. His uncle co-accused Salwinder Singh has been acquitted by giving the benefit of doubt.

(2.) THE prosecution case, in brief, is that on August 5, 1991 at about 8.15 p.m. Kuka Ram (PW1) along with his son Kalu Ram deceased was returning to his home after doing their usual daily labour work. When they reached near the house of Budha Singh, situated at the turning of the street, the appellant armed with a takua and Salwinder Singh alias Chhinda, who was empty handed, were found standing there. On exhortation given by Salwinder Singh, the appellant inflicted a takua blow on the head of Kalu Ram due to which Kalu Ram fell down and died on the spot. Both the appellant and his accomplice ran away from the spot. The motive for the said occurrence is stated to be that the appellant had forcibly taken away the daughter of Kuka Ram (sister of the deceased) but the incident was sorted out with the intervention of the Panchayat. However, Kalu Ram deceased continued to nurse a grudge on this score against the appellant.

(3.) ON August 16, 1991, the appellant and his accomplice Salwinder Singh were produced before ASI Balwant Singh near the bus stand of Khemkaran, who then arrested both of them and interrogated them in the presence of Karnail Singh (PW7) and the other constables including Mehru Ram Constable. The appellant made a disclosure statement that he had kept concealed a takua in the chari field of Baba Harnam Singh of village Ratoke and could get the same recovered. His disclosure statement Exhibit PF was recorded and the thumb marked the same which was attested by Constable Mehru Ram and Karnail Singh. Thereafter the appellant led the police party to the said field and got recovered takua-Exhibit P.1 which was found to be stained with blood. The said ASI then prepared the rough sketch (Exhibit PG) of the takua and thereafter converted the same into a sealed parcel. Scaled site plan of the place of occurrence was got prepared and the clothes of the deceased received from the hospital were taken into possession. After completing the investigation a charge-sheet was filed.