JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/order dated 9th July, 1996 rendered by the Court of learned Additional Sessions Judge, Patiala whereby he convicted and sentenced the accused-appellant to undergo rigorous imprisonment for a period of 8 years under Section 304(II) of the Indian Penal Code.

(2.) SHORTLY put, the facts of the prosecution case are that Ramtar deceased was the younger brother of Harjinder Kumar son of Jiwa Nath PW7 complainant. The deceased was employed as a driver on a Maruti Van bearing registration No. PB-01-0353 belonging to Gurdev Singh, resident of Village Sular. On 15th November, 1993, Harjinder Kumar PW7 was proceeding from village Tarain to village Phagan Majra to meet Mohinder Singh son of Kartar Singh and at about 6.30 PM, he reached the bus stop of village Phagan Majra, where he met Manjit Singh, Sarpanch and Chanan Singh Member Panchayat of village Kasiana. They all three started to village Phagan Majra. When they reached the point from where a kachha path forks off to village Kasiana, they found the abovementioned Maruti van with its headlight on lying parked with its windows open at a distance of about 1-1/2 killa from the mettaled road. On suspicion, they went towards the van and on reaching there, they found Ramtar and the accused Jarnail Singh seated on the rear seat of the van. Ramtar was sitting on the right side, whereas the accused was found seated on his left side. Jarnail Singh accused was putting pressure on Ramtar to take the van by kachha path way to village Kasiana but Ramtar was disinclined. An exchange of hot words ensued. Jarnail Singh accused dealt two stab blows with knife on the chest and other on right flank of Ramtar. He rolled down on the ground through the right window of the Van. On sensing that Ramtar has succumbed to the injuries, Jarnail Singh plunged the knife into his chest, in order to commit suicide. The knife fell down from his grip in the Van. After having arranged a tractor Ramtar and Jarnail Singh were brought to Rajindra Hospital, Patiala. The Van was left at the spot. On reaching the hospital, PW Harjinder Kumar and others were told by doctor that Ramtar has expired. Harjinder Kumar and Manjit Singh left for the Police Station Sadar Patiala. When they reached near the General Bus Stand, Patiala they came across ASI Karnail Singh alongwith other police officials at about 10.30 PM. Harjinder Kumar PW made statement Ex.PD before this ASI who made his endorsement Ex.PD/1and sent the same to the police station where on its basis formal FIR Ex.PD/2 was recorded. ASI Karnail Singh alongwith Harjinder Kumar, Manjit Singh and other police officials went to Rajindra Hospital, Patiala. At that time the dead house was lying locked. Early in the morning at about 6.30 A.M. Raj Kumar attendant came to the dead house and opened the same.

(3.) THE accused was charged under Section 302 of the Indian Penal Code as well as 309 of IPC. It is worth pointing out here that vide his order dated 3rd September, 1994 recorded in the order-sheet, the learned Additional Sessions Judge, deleted the charge under Section 309 of IPC with the observations that the Hon'ble Apex Court has held in re : P. Rathinam Nagbhusan Patnaik v. Union of India, 1994(2) Recent Criminal Reports 564 (SC) that Section 309 of IPC is unconstitutional.