TARA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Tara Chand has filed the present appeal against the judgement passed by learned Sessions Judge, Ferozepur dated 20.2.2004 vide which was he was convicted under Section 302 IPC for committing the murder of Manoj Kumar and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- and in default thereof, to undergo further R.I for one year.

(2.) Briefly, the case of the prosecution unfolded on the statement dated 22.11.2000 (Ex.P9) made by Ashwani Kumar is as under:-

(3.) On the basis of the above statement, a formal FIR (Ex.P9/B) dated 22.11.2000 under Section 302 IPC and Section 25/54/59 of Arms Act was registered at P.S. City Fazilka, District Ferozepur. PW12 SI Gamdoor Singh on receipt of ruqa from Civil Hospital, Fazilka reached there and prepared the inquest report Ex.P4 on the dead body of Manoj Kumar. He submitted a written request Ex.P5 to SMO, Civil Hospital, Fazilka for post mortem examination of the dead body which was conducted on 22.11.2000 at 10.30 a.m. (Ex.P3) PW12 visited the place of occurrence and rough site plan (Ex.P-17) was prepared. Blood stained earth was collected from the place of occurrence and taken into police possession vide memo Ex.P11. Clothes of the deceased were taken into possession vide memo Ex.P18. A vial Ex.MO-9 containing one bullet was produced by C-I Balkishan to Gamdoor Singh which was also taken into possession vide memo Ex.P19. PW12 arrested the accused on 30.11.2000. The accused was interrogated by PW12 and he made a disclosure statement (Ex.P21), on the basis of which accused Tara Chand got recovered one revolver and six cartridges alongwith the licence and the same were taken into possession vide memo Ex.P22. On 3.12.2000, Dharampal produced the scooter which was taken into possession vide memo Ex.P24.