NAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted by Additional Sessions Judge, Faridkot on 7-5-1990 under Section 307, IPC and sentenced to undergo RI for six years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was sentenced to undergo further RI for two months.

(2.) The FIR was registered on 20-9-1987 at 3.20 a.m. in Police Station. Baghapurana on the basis of a statement made by Manjit Singh injured, recorded by ASI Gurmit Singh at 3.15 a.m. on 20-9-1987 in Civil Hospital, Baghapurana. Said Manjit Singh stated therein that he was working as an employee at the liquor vend of Surinder Kumar situated in village Nathu Wala, where the appellant also worked as an employee. Relations between Manjit Singh and the appellant became strained as there used to remain a dispute regarding the cash at the liquor vend. On 19-9-1987, both the complainant and the accused took liquor. At about 11.30 p.m., accused proclaimed that he would finish the outstanding dispute for all times to come. He took up a dagger lying at the liquor shop and gave blows with the same in the abdomen and chest of Manjit Singh. The latter tried to ward off the injuries with his hands and as a result of which some injuries were received by him on his hands as well. An alarm was raised by the injured which attracted Zaila Singh Chowkidar. At this the accused ran away from the spot while carrying the dagger with him. The occurrence was claimed to have been witnessed by Balbir Singh and Zaila Singh. An effort was made to apprehend the accused but he managed to escape. The injured was thereafter removed to the hospital, where he was medically examined. Ruqa was thereafter sent to the Police Station by the doctor. On receipt of the same, ASI Gurmit Singh went to the hospital and recorded the statement of Manjit Singh.

(3.) After the registration of the FIR, the investigation of the case was taken up by ASI Gurmit Singh himself, who went to the place of occurrence and prepared rough site plan. Blood-stained earth was picked up from the place of occurrence. The accused was arrested.