KHUSHIA ALIAS HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Khushia @ Happy, the accused-appellant (hereinafter referred to as the accused) was tried, convicted and sentenced under Section 302 of the Indian Penal Code, by Additional Sessions Judge, Muktsar vide his judgment dated 19.1.2000, for the murder of Surinder Kumar, son of Shri Jattu Ram a shopkeeper resident of Muktsar.

(2.) On the intervening night of 18/19.2.1998, Surinder Kumar after taking the meal had gone to retire on the first floor of his house. In those days, his wife was away to her parental house for the last 16/17 days. His father Jattu Ram, who had been living on the first floor of the adjoining shop, when after leaving his grand daughter aged about three years to the school, came to the house then he noticed that Surinder Kumar had not yet reached the shop. When he went in the street, he saw that main gate of his house was lying open and inner door of the shop was slightly open. After entering into the room, he noticed that Surinder Kumar was still lying under the quilt. Instead of repeated calls, when Surinder Kumar did not respond, then after removing the quilt from the side of his feet,he saw that Surinder Kumar was lying dead smeared with blood. On hearing the hue and cry raised by Jattu Ram, Lekh Raj brother of Jattu Ram and Lekh Raj's son were also attracted to the spot.

(3.) After leaving Vikas near the dead body of Surinder Kumar, he went to lodge the report. However, he came across A.S.I. Gurjant Singh in the grass market, where he got recorded his statement Ex.PE.ASI Gurjant Singh then sent the same to the Police Station, on the basis of which formal FIR Ex.PE/2 was recorded by ASI Baldev Singh. ASI Gurjant Singh handled the investigation and reached the spot, prepared the inquest report Ex.PO, got conducted the autopsy on the dead body of Surinder Kumar, inspected the spot prepared the site plan Ex.PP with correct marginal notes, recorded the statement of witnesses took Quilt Ex.P-1 into possession Pillows Exs. P2 and P3, bed sheets Ex.P4 and P-5 trouser (pant) Ex.P6, underwear Ex.P7 and a plastic sheet Ex.P8 (smeared with blood) were also taken into possession after converting the same into a parcel vide memo Ex.PH. He also took into possession empty bottle of "Bagpiper Whisky" Ex.P10 alongwith an empty glass tumbler lying near the bed of the deceased, bearing finger prints, vide memo Ex.PJ.He also took into possession blood stained clothes of the deceased alongwith vials Exs. P13 to P22,Jar Ex.P-23containing hair of the deceased and Jar Ex.P-24 containing blood vide Memo Ex.PQ which were produced before him by Mithu Singh PW, resident of village Lande Rode,got recorded his statement that accused had made extrajudicial confession before him regarding murder of Surinder Kumar. He also produced the accused before Investigating Officer. On that very day, the accused got recovered a weight of five Kgs ( the weapon of offence), in pursuance of disclosure statement Ex.PF under Section 27 of the Evidence Act. The five Kgs weight Ex.P9 so recovered was taken into possession by Inspector Baj Singh vide memo Ex.PF/1.The accused was also got medico legally examined from Civil Hospital, Muktsar, vide application Ex. PC. On request letter Ex.PD made by Inspector Baj Singh, Doctor opined vide Ex.PD/1 that injuries could be caused with the aforesaid weight. Scaled site plan Ex.PG was got prepared. Finger Prints of the accused were obtained in the Court of Ilaqa Magistrate and the same alongwith the bottle and glass tumbler were sent to Finger Prints Bureau for comparison. On completion of investigation, ASI Kirpal Singh submitted the challan against the accused.