SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 9-2-1994 of the learned Sessions Judge, Amritsar vide whieh he has convicted Surinder Kumar Under Section 302, IPC and has sentenced him to imprisonment for life and to pay a fine of Rs. 2,000.00 in default of payment of fine he was ordered to undergo R. I. for six months.

(2.) PROSECUTION story unfurled by Avinash Rani in the First Information Report reads that she was resident of Bhikhiwind. One of her sons namely Sukhjiwan Kakkar was a doctor in subsidiary Health Centre, Badowal, District Ludhiana. Her husband, Balram used to run a cloth shop at Bhikhiwind itself. On 23-5-1992, at about 8-30 p. m. her husband was coming back to home after closing the shop; when he reached near the door of the house he saw that Surinder Kumar son of Wazir Chand who was their neighbour had thrown the garbage in front of the door of their house. Her husband told Surinder Kumar that he had asked him several times not to throw garbage there but instead of refraining from doing so he intentionally threw garbage there. Surinder Kumar got enraged and told her husband that he would throw the garbage there only. Soon thereafter Surinder Kumar started grappling with her husband in her presence. So much so that he started beating her husband with the stick after snatching the same from her husband, he usually carried in his hand being of old age. She tried her best to keep him away. In the meantime, Kuldip Kumar son of Bhagwan Dass Khatri and Praveen Kumar son of Om Parkash Khatri, resident of village Bhikhiwind also came to the spot. In their and her presence, Surinder Kumar pushed her husband with both the hands as a result of which he struck against a wall and fell down on the ground. While he was lying fallen Surinder Kumar gave kick blows to her husband on his chest and abdomen. She raised raula saying 'mar dita mar dita (killed-killed), as a result of which Surinder Kumar ran away after throwing the stick at the spot. Kuldip Kumar, Praveen Kumar and she lifted her husband from the street and laid him on a cot inside the house. He became unconscious and died there. The cause of grudge was that Surinder Kumar being their neighbour used to throw garbage in front of their house to whom they forbade many times. That day also he was checked from throwing garbage there. In retaliation thereof, Surinder Kumar had inflicted injuries to her husband; as a sequel to which he had died. Thereafter, she rang up her son who was a doctor at Ludhiana. He had come at night. Since she kept on waiting for him and was awe-struck so she did not come out of the house nor did she allow Praveen Kumar and Kuldip Kumarto go out of the house. She had left Praveen Kumar and Kuldip Kumar at the spot to guard the dead body of her husband: She along with her son Doctor Sukhjiwan Kakkar was going to inform the police when Jagroop Singh, ASI, PW. 8, met them. ASI, Jagroop Singh recorded her statement and she thumbmarked the same in token of its correctness. ASI, Jagroop Singh made his endorsement Ex. PW. 8/a and sent the ruqa for registration of formal FIR Ex. PW. 8/b. In the meantime, ASI, Jagroop Singh had himself proceeded to the house where he found the dead body of Balram lying at the courtyard of his house. From near the spot, the In vestigating Officer took into possession walking stick Ex. P. 1 through recovery memo. Ex. PW. 7/a which was attested by Ram Rachhpal and Ramgopal. He also prepared injury statement Ex. PW. 8/b and after the dead body had been identified by Ramgopal, Ram Rachhpal and Roshan Lal he prepared the inquest report Ex. PW. 8/c in which statements of Ram Rachhpal, Roshan Lal, Praveen Kumar and Dinesh Kumar were recorded. He also prepared rough site plan Ex. PW. 8/d with correct marginal notes and sent the dead body to the mortuary through Constables Surindersingh and Gurpreet Singh. On 24-9-93, these witnesses had handed over the clothes of the deceased and the copy of the postmortem report which were taken into possession through recovery memo. Ex. PW. 8/e. After recording the statements of the witnesses, the accused was arrested. After completing the investigation, challan was put in the Court of the Ilaqa Magistrate who committed the case for trial before the Court of Session. Consequently, the trial Court convicted and sentenced the appellant as stated above.

(3.) P . W. 1, Dr. Sham Lal Gupta who conducted the post-mortem examination on the dead body of Balram on 24-5-1992 at 1-45 p. m. , found the following injuries on the dead body :