ASHOK KUMAR CHAWLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused -Appellant Ashok Kumar has faced trial under Section 302 IPC for committing a murder of Ram Saran Arora on 8.8.1999 on account of some dispute over the money matter. Consequently, he was convicted under Section 302 IPC and sentenced to undergo RI for life imprisonment and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for one year.

(2.) THE complainant Gourav Arora and his father Ram Saran (since deceased) had been residing at Street No. 1, Shastri Nagar, Amritsar. Rama Sharma PW9 widow of Pawan Kumar was running a Public Call office, inside the main gate of Shri Guru Teg Bahadur Hospital, Amritsar, Gourav Arora and his father were closely associated with Rama Sharma. After school hours, Gourav Arora used to work at the Public Call office of aforesaid Rama Sharma. On 8.8.1999, after returning from the school at 4:00 p.m. he went to Public Call Office, where his father Ram Saran Arora was already present. At about 6:00 p.m. Joginder Singh Chawla along with Jagdish Singh, who had property dealings with his father, came to make call at the public call office. When Joginder Singh was busy in making telephone call, Jagdish Singh went out. In the meantime, the accused Ashok Kumar Chawala came on his scooter and while parking the scooter on the right side of the Public Call Office near Tempo called the deceased. Thereafter, when Ashok Kumar Chawala and Ram Saran were busy in the conversations, Rama Sharma and Gourav Arora also came out. The accused told Ram Saran Arora that he should settle the account, upon which, Ram Saran had shown his inability to do so due to ill wealth. At this the accused picked up a SBBL. 12 bore gun from his scooter and hit Ram Saran on the left side of his chest as a result of which Ram Saran collapsed. Consequently, the complainant Gourav Arora and Rama Sharma raised hue and cry, upon which, the accused fled away with his scooter bearing registration No. PB -02 -E -6026. Ram Saran was shifted to Guru Nanak Dev Hospital, Amritsar, where, he expired. After leaving Rama Sharma and Joginder Singh near the dead body, Gourav Arora went to the police station but Inspector Rajinder Pal met him on the gate of the Guru Nanak Dev Hospital, Amritsar, where the statement of Gourav Arora Ex. PB was recorded and on the basis of which formal FIR Ex. PB/2 was registered at police station. Then Inspector Rajinder Pal accompanied by Gourav Arora reached at the place where the dead body of Ram Saran was lying. Thereafter, he got conducted the autopsy of his dead body. He lifted simple earth and blood stained earth as well as a blood stained piece of brick. He took into possession a hearing aid machine from the spot and an empty .12 bore. He took into possession the cloths removed from the dead body. Accused was arrested on 9.8.1999. Thereafter, .12 bore gun and a bandolier with 12 live cartridges were recovered from him. The scooter of the accused was also taken into possession. The accused was interrogated on 11.8.1999 and the registration certificate of the scooter and fire -arm licence was got recovered. On completion of the investigation challan against him was presented in the Court. He was charged under Section 302 IPC to which he pleaded not guilty and claimed trial.

(3.) DR . Ashok Chanana, P.W.1 further opined that the injury No. 1 was sufficient to cause death in the ordinary course of nature. He proved the carbon copy of the post mortem report Ex. PE. P.W.2, Surinder Kaur, clerk of the office of District Transport Officer, Amritsar, proved the registration of the scooter No. PB -02 -E -6026 in the name of Surinder Pal son of Om Parkash. PW3 constable Partap Singh, P.W.4 constable Kanwaljit Singh, PW6 constable Jagir Singh and P.W.7 constable Jagtar Singh proved their affidavits, Ex.PF, PG, PH & PJ respectively. P.W.5 Ashneel Kumar, Arms Clerk, deposed that Ashok Kumar Chawla was issued a Arm Licence vide entry dated 11.11.1998, P.W.10 Constable Major Singh and P.W.11 HC Mukhtiar Singh proved their affidavits, Ex.PK & PL respectively. Rajinder Pal DSP while appearing as PW12 proved the investigation conducted by him from time to time. After tendering the report of Forensic Science Laboratory, Ex. PU and report of the chemical examiner Ex. PV, prosecution closed its evidence.