NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by the convicts Naresh Kumar, Gagandeep alias Gogi and Pawan Kumar against the judgment/order dated 3-11-1993 of the learned Additional Sessions Judge, Jalandhar, vide which he has convicted Naresh Kumar under Section 302, I. P. C. and Gagandeep alias Gogi and Pawan Kumar under Section 302 read with Section 34, I. P. C. for committing the murder of Balwijider Kumar. All the three accused were awarded life imprisonment and were further directed to pay a fine of Rs. 1,0007- each. In default of payment of fine, they were directed to undergo further R. I. for one year.

(2.) THE prosecution story has been unfurled by Wazir Chand son of Mehnga Ram P. W. 1 resident of Billi Chaharm, P. S. Shahkot. The said Wazir Charid has stated that he was the resident of Village Billi Chaharm and sold milk in the village. On 31-10-1992 he and Balwinder Kumar (now deceased) son of Madan Lal Adharmi by caste, resident of Billi Chaharm, who was his cousin, left from their village to Civil Hospital, Shahkot to enquire about the health of Balbir Singh, Jat by caste, resident of Billi Chaharm, P. S. Shahkot, who was admitted in the Civil Hospital, Shahkol. Kewal Kristian son of Prabh Dyal, Adharmi by caste, resident of Bajwa Kalan was already present there (Civil Hospital, Shahkot ). After enquiring about the health of their friend Balbir Singh, all three of them were going on foot towards their village from Civil Hospital, Shahkot. At about 7. 45 P. M. , when they reached a little ahead of Ramgarhia Public School on Gurudwara Road, Shahkot, Naresh Kumar alias Lovely son of Birbal Arora and Gogi son of Rajinder Kumar Arora, owner of Mangat Rice Mills and Pawan Kumar, owner of Dabra Medical Store, armed with an iron rod were seen standing outside the Dabra Medical Store. Seeing them, Lovely at once raised a lalkara saying, "balwinder Kumar had picked up a quarrel with us on the day of Dusshera and he should not escape alive. " Within their sight, (Pawan Kumar and Gogi, at once caught hold of Balwinder Kumar in their arms) whereas Naresh Kumar alias Lovely took out a knife out of the right pocket of his pant and gave two blows one after the other to Balwinder Kumar. The first blow hit Balwinder Kumar on the left temple, whereas the second blow hit him below the neck on the right side. Pawan Kumar who was armed with an iron-rod, continued to raise lalkara that if anybody stepped forward, he would not be spared. They being unarmed, could not go forward and while standing there, they raised raula (Alarm), "mar Ditta, Mar Ditta" (Killed, Killed ). In the meantime, people gathered on the scene and the assailants fled from the spot with their respective weapons. Both of them arranged for a vehicle and removed Balwinder Kumar to Civil Hospital, Shahkot for treatment. Due to serious condition of Balwinder Kumar, the doctor referred him to Civil Hospital, Nakodar. After reaching Civil Hospital, Nakodar, they were yet to get Balwinder Kumar admitted there, when the succumbed to his injuries outside the hospital. He (Wazir Chand) and Kewal Krishan had witnessed the whole incident in the light fitted on the Govt. electric pole.

(3.) A . S. I. Gurmit Singh who attested the statement of Wazir Chand P. W. when mentioned about the steps taken by the police, stated that on receipt of a chit from the doctor of Civil Hospital, Shankot about Balwinder Kumar son of Madan Lal Adharmi resident of Billi Chaharm at the Police Station containing the reference that the injured being serious, was referred to Civil Hospital, Nakodar, he along with Darshan Singh Head Constable No. 1276, Balbir Singh Constable No. 982 and S. P. O. Joginder Pal reached the Civil Hospital, Nakodar in a government vehicle driven by P. H. G. Satnam Singh for recording of a statement. Wazir Chand son of Mahanga Ram met him in the hospital who got his above statement recorded with him. After recording the statement, it was read over to him who, after admitting the same to be correct, affixed his signatures in English before his statement which he attested. As the statement disclosed the commission of an offence punishable under Section 302/34, Indian Penal Code, that writing was sent to Police Station, Shahkot through Balbir Singh Constable No. 982 for the registration of a case (F. I. R. ). Formal F. I. R. Ex. PA/2 was registered by Shiv Kumar, M. H. C, P. S. , Shahkot in 31-10-1992 at 11. 30 P. M.