RAM NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Narain appellant herein through this Criminal Appeal No. 71-DB of 1995 has called in question the order of conviction and sentence dated 28th of November, 1994 recorded by Shri K.S. Uppal, Additional Sessions Judge, Faridkot, vide which has was held guilty for an offence under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life as also to pay a fine of Rs. 2,000/-, in default whereof he was further ordered to undergo R.I. for one year.

(2.) THE report with regard to murder of one Raja Ram a colleague workman of the appellant was reported by none other than the appellant himself when on 27th of June, 1992 at 6.35 A.M. he stated before Swaran Singh ASI PW.5 that on the intervening night of 26th/27th of June, 1992, he alongwith Ram Lal was on duty at night from 8 P.M. to 2 A.M., the next day, for feeding the coal. At about 12.00 P.M. one person came to him. He was sporting beard and had long hair. He was also wearing turban and Kurta Pajama. His height was about 5'- 8". Just on coming he asked him not to make a noise. In the meantime, three more persons came there who enquired from him as to where was their Mistri. He replied that he was lying on the cot. Then all the four persons started beating Mistri, who was lying on the cot. Out of them, one person gave knife blow on the head resulting into the death of Mistri. Thereafter, he was also given beatings. He and his companions raised an alarm 'save, save' as a result of which their labour woke up. On seeing them, they ran away from the spot. Due to night time, information was not given to anyone. Now, he alongwith Ram Lal was coming to lodge a report when ASI met him. It transpires from the record that whereas occurrence leading to the death of Raja Ram took place on the intervening night of 26th/27th of June, 1992, in the brick-kiln at village Thandewala, the FIR Ex.PL came into being at 6.35 A.M. on 27th June, 1992. Formal FIR bearing No. 95 dated 27th of June, 1992 under sections 302/34 was registered at Police Station Muktsar at 7.05 A.M. The special report with regard to the incident reached the Ilaqa Magistrate, Muktsar at 9.00 A.M. on the same day.

(3.) WHEN examined under section 313 of the Code of Criminal Procedure appellant while denying the incriminating material put to him further stated that he was innocent. Sister of Ram Lal was married to Pitamber who was the son of maternal uncle and they, the wife and husband were not having cordial relations with each other. The said lady was residing in her parental house. relation with Ram Lal were strained. He was rickshaw puller at Muktsar and Ram Lal was residing in village Thandewala. Ram Lal due to strained relations with him came to Muktsar and caused injuries to him and his friend Samli got him admitted in the hospital and after treatment he was discharged from the hospital. He was falsely implicated at the instance of Ram Lal who was related to the deceased. In defence he examined Ishwar Chander DW.1 who had brought the summoned record relating to appellant Ram Narain. According to the Resgister Ram Narain appellant was not admitted in Civil Hospital, Muktsar. Ram Narain reported in OPD of Civil Hospital, Muktsar on 27th of June, 1992 and was treated as outdoor patient.