GURDEEP NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurdeep Nath has filed the present appeal challenging judgment dated 7.11.2009 passed by the Court of learned Additional Sessions Judge, Moga vide which he has been convicted for offence punishable under section 302 IPC and has been sentenced to undergo imprisonment for life and also to pay fine of L 10,000/-. In default of payment of fine, he has been ordered to undergo further rigorous imprisonment for two years.

(2.) The matter arises out of FIR No.246 lodged at Police Station, Dharamkot, District Moga on 1.11.2006 under Section 302 IPC on the basis of statement (Ex.P1) of Nisha wife of Sant Ram resident of Mullanpur Dakhan, District Ludhiana. The translated gist of her statement reads as follows:-

(3.) Upon recording of aforesaid statement, the police went to the spot and conducted investigation. Inquest proceedings were conducted. Formal FIR was lodged. The dead body was sent for post-mortem examination. Statements of witnesses were recorded under Section 161 Cr.P.C., 1973 The accused was arrested on 3.11.2006. During interrogation, accused suffered disclosure statement Ex.P-16 to the effect that he had concealed 'Kandhala' used for committing the crime and in pursuance of the said disclosure statement kept the 'Kandhala' recovered which was taken into possession vide recovery memo Ex.P-18. As per recovery memo (Ex.P-18), the recovered 'Kandhala' is stated to be measuring about 3 1/2 feet long and the blade of the same is fitted on a thick wooden stick. A perusal of the sketch Ex.P-17 prepared at the spot in respect of blade of 'Kandhala' shows that the same is about 8 inches in length and 1 1/2 inch in width.