KULWANT RAI @ NONA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant challenges his conviction under Section 302 IPC for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/-, in default, to undergo further RI for three months.

(2.) CASE of the prosecution is that on 16.10.1997 at 8-00 P.M., Harjit Singh PW-1 and his brother Jagroop Singh deceased closed their shoe shop and went to their house. Accused Kulwant Rai @ Nona, cousin of the deceased and Partap Rai @ Soni came to their house and called the deceased and took him away. The deceased did not return till 10-00 P.M. Harjit Singh PW-1 and his father Shangara Ram PW-2 went in search of Jagroop Singh at 10-30 P.M. They heard whispering from the chari field and saw in torch light that both the accused were standing. They ran away. The witnesses entered the chari field and found the dead body of Jagroop Singh with marks of strangulation on his neck. Smell of alcohol was coming out of the mouth of the deceased. Leaving Shangara Ram to guard the dead body, Harjit Singh PW-1 proceeded to inform the police, where his statement was recorded at 12-05 A.M. by SI Ravinder Singh PW-7 at Police Station Mehta. Ravinder Singh went to the spot, prepared inquest report and sent the dead body for post-mortem examination. He also prepared rough site plan, recorded statements of witnesses and took into possession clothes of the deceased. According to him, Sunita wife of elder brother of Harjit Singh PW-1 was having illicit relations with Kulwant Rai @ Nona which was being objected to by the deceased. He arrested the accused and recovered wire in pursuance of disclosure-statement of Kulwant Rai. Accused Partap Rai was minor and his case was separated for trial by Juvenile Court.

(3.) THE injuries were ante mortem. Cause of death was deferred for reports of Chemical Examiner which was received on 31.12.1997. No poison was detected. Cause of death was declared to be Asphyxia as a result of manual strangulation.