DARSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants Darshan Kumar and Jatinder Kumar @ Happy challenge their conviction and sentence for the murder of Jagdish Chand on 12.2.1997 at 3-00 P.M.

(2.) CASE of the prosecution is that on 12.2.1997, at about 3-00 P.M., Mrs. Amarpal PW-2 and her husband Jagdish Chand deceased were at their house. The accused, who are brothers and living in the opposite house, came to the house of Jagdish Chand deceased and assaulted him. Darshan Kumar raised a lalkara that Jagdish Chand be not left alive and Jatinder Kumar gave a blow of his stick on the upper side of left eye in the temporal region of Jagdish Chand. Rajesh Kumar PW-3 who was a neighbour of the deceased, also came to the spot and saw the occurrence. Mrs. Amarpal PW-2 and her daughter Asha Rani PW-5 raised alarm, on which the accused ran away. Mrs. Amarpal took the injured Jagdish Chand to Dr. Roshan Lal PW-6 in the vicinity, who gave dressing in the left eye. At 4-20 P.M., condition of Jagdish Chand became serious. He was being taken to Pahwa Hospital, but he died on the way. Reason for the occurrence was that the accused used to visit one Rita, who was tenant of the deceased, to which the deceased used to object. Mrs. Amarpal proceeded to inform the police and met Inspector Santokh Singh PW-8, who recorded her statement at 7-25 P.M., which led to registration of FIR. PW-8 Inspector Santokh Singh prepared inquest report and sent the dead body for post-mortem examination. He visited the place of occurrence and took steps for investigation. He arrested the accused on being produced by Sushil Kumar and after completion of investigation, the accused were sent up for trial.

(3.) THE accused denied the prosecution allegations, but did not lead any defence.