PARAMJIT ALIAS GHUDDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARAMJIT alias Ghudda stands convicted on the substantive charge of murder and has been sentenced to life imprisonment and a fine of Rs. 1,000/- or in default to undergo further rigorous imprisonment for one year by the learned Sessions Judge, Amritsar, on 26th February, 1986. He has challenged his conviction and sentence in this appeal.

(2.) THE prosecution case in short is that Lali deceased and Paramjit accused were present in the plot situated near their house. Pali PW was also present with them. Kuldip Singh PW came, there after delivering tea at the factory of Bedis situated nearby and Tarlok Singh father of the deceased was present in his house. It is alleged that the accused owed certain amount to Lali deceased and the latter made a demand for that amount. In reply to this demand the, accused gave fist blows to Lali and the latter also gave him a fist blow in return and in that process they PWs inter grappling with each other. Kuldip Singh and Palli intervened and separated them and in the meantime Tarlok Singh was also attracted to the spot. The accused then left for his house and returned to the same place within a few minutes armed with a dagger and attacked Lali with his dagger giving a blow in the chest as a result of which he fell down on the ground thereafter, the accused bolted away with his dagger. Lali was removed to the S. G. T. B. hospital Amritsar, by Kuldip Singh and Pali. Dr. Goverdhan Dass Puri PW 2 examined Lali at 4.15 P.M. and declared him dead. Tarlok Singh left for the Police Station from the spot and he having met the Sub Inspector Tarsem Lal made a statement Ex. PG before him and on the basis of that statement formal F.I.R. Ex. PG/2 was registered at the Police Station by the Assistant Sub Inspector Krishan Kumar; Tarsem Lal Sub Inspector went to the said hospital, held inquest and sent the dead body to the mortuary for autopsy. Inspector Surjit Singh lifted blood stained earth from the spot and arrested the accused. Dagger Ex. P. 1 was recovered from his possession. The Exs. P.G. and shirt Ex. P.7 worn by the accused, having been stained with blood were also taken into possession by the said Investigating Officer.

(3.) THE ocular testimony consists of Kuldip Singh, PW. 4 Pali PW.5 and Tarlok Singh PW. 6. Sub Inspector Tarsem Lal PW. 15 and Inspector Surjit Singh PW. 16 are the Investigating Officers. The remaining evidence is of, formal nature. When examined under Section 313 Criminal Procedure Code, the accused denied the prosecution allegations and pleaded that because injuries to the deceased in self defence but led no evidence in defence.