KRISHNA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the instant appeal, the appellant has challenged the correctness and legality of the impugned judgment of conviction and order of sentence dtd. 30/7/2004, passed by the Court of Sessions Judge, Kapurthala, whereby, the appellant has been convicted for commission of the offence punishable under Sec. 302 of IPC and was sentenced to undergo life imprisonment and to pay a sum of Rs.2,000.00 as fine, in default of payment of fine, he would further undergo rigorous imprisonment for a period of one month, the appellant has preferred the present appeal before this Court.

(2.) The FIR (Ex.PA/2) was ordered to be registered on the basis of the statement (Ex.PA) made by Sunita @ Shanti Bai wife of Krishna Ram @ Raju, resident of Barpani, District Jaspur (M.P) and the said statement has been reproduced below:-

(3.) After the registration of the FIR, the police officials reached the place of occurrence along with the dog squad. The Incharge Finger Prints Bureau, S.S.P Office Kapurthala was also called to the spot. After recovery of the dead body of Bhattu, which was lying in the room of the house of the appellant, the Inquest Report (Ex.PB) was prepared. S.I Ravinder Singh, Incharge, Finger Prints Bureau inspected the articles lying at the place of occurrence. He found one liquor bottle with a label "Bagpiper", which was having finger prints and he developed the finger prints and handed over the same to Kuljinder Singh, S.I. The moulds of finger prints were prepared and the same were also converted into parcel and were sealed. Blood stained earth was lifted from the spot, put in a tin and was duly sealed. Some hair were also found in the hands of Bhattu, deceased and the hair were also converted into parcel and were sealed. Other articles were also recovered from the spot. The rough site plan with correct marginal notes was prepared. The dead body was shifted to the hospital and a request was made for post mortem examination. On 17/1/2002, the appellant/accused was produced before S.I Kuljinder Singh by Kapur Singh and Kartar Singh. After enquiry, he was formally arrested by the police and was produced before the Area Magistrate.