BIMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.3.1998 passed by Sessions Judge, Ludhiana whereby he convicted the appellant under Sections 302 of the Indian Penal Code and sentenced to undergo life imprisonment. He was ordered to pay a fine of Rs.1,000/-; in default thereof, he was directed to undergo further rigorous imprisonment for six months. However, Mahesh, coaccused of the appellant, has been acquitted of the charge framed against him.

(2.) A synoptical resume of the prosecution case is as under:- Dharminder Singh alias Billa (deceased) was the son of the daughter of Pritam Singh (PW-8) and used to reside at Khanna in a street near the residence of Pritam Singh. On 23.10.1995 both the accused and Dharminder Singh deceased were quarrelling with each other in the area of Mohalla Balala, Khanna. Pritam Singh (PW-8) on hearing the noise, came to that place. In the meanwhile, Surinder Singh (PW-9) also came there. Both of them pacified the quarrelling parties. While they left the spot and were just a short distance away, Mahesh accused caught hold of Dharminder Singh and Bimal accused stabbed Dharminder Singh with a knife in the chest. Dharminder Singh fell down on receipt of the injury and both the accused fled away carrying the weapon. Dharminder Singh was taken to the hospital, but was declared dead. Leaving Surinder Singh (PW-9) by the side of the dead body Pritam Singh (PW-8) went to the Police Station to lodge a report. A Police party headed by Sub Inspector Bhupinder Singh (PW-10) met him in the old vegetable market Khanna. Pritam Singh (PW-8) made the statement, Ex. PK, which was read over to him and he signed the same in token of its correctness. Bhupinder Singh, Sub Inspector, (PW-10) made endorsement, Ex. PK/1, and transmitted the same to the Police Station, where a formal FIR, Ex. PK/2, was registered and a copy of the same was sent to the Magistrate as a Special Report. Bhupinder Singh Sub Inspector (PW-10) went to the place of occurrence and immediately thereafter went to the Civil Hospital, Khanna where the dead body of Dharminder Singh alias Billa was lying in the mortuary. Bhupinder Singh Sub Inspector (PW-10) prepared inquest report, Ex. PD, and deputed Sukhdev Singh Constable for getting post mortem conducted. Bhupinder Singh, Sub Inspector (PW-10) came back to the place of occurrence and took into possession blood stained earth by converting it into a sealed parcel. A visual site plan, Ex. PM, was prepared showing the place of occurrence.

(3.) On 1.11.1995 Mukha Ram produced accused Bimal before Bhupinder Singh, Sub Inspector. Accused was arrested and on interrogation, suffered a disclosure statement that he had thrown a knife on the roof of the Rehri used for preparing and selling tea. In pursuance of his statement, Ex. PM, accused led the police party and got recovered a knife, Ex. P-1, which was taken into possession vide memo Ex. PO. On completion of necessary investigation, accused was sent up for trial.