JOGINDER VERMA @ KALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment rendered by Additional Sessions Judge, Ludhiana, in Session case No. 35443-2013, dtd. 28/3/2018, whereby appellant Joginder Verma @ Kalia was charged and tried for the offence under Ss. 302, 404 read with Sec. 34 IPC.

(2.) Appellant was convicted and sentenced under Sec. 302 IPC to undergo rigorous imprisonment for life and to pay fine of Rs.5,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. He was also convicted and sentenced under Sec. 404/34 for a period of three years and to pay fine of Rs.2,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of one month. Appellant Joginder Verma was also ordered to compensate the complainant to the tune of Rs.2.00 lacs under Sec. 357 Cr.P.C. The amount of compensation was directed to be paid to the heirs of deceased in equal shares.

(3.) The case of the prosecution in a nutshell is that FIR, Ex.PA/2, was registered on the basis of complaint made by complainant Yashpal to the effect that on 26/11/2005 at about 7.30 p.m. in routine, he went to his house. His father was present in the guest house. In the morning at about 6.30 a.m., a telephone was received that blood was lying in the room of his father. He along with his brother Vikram Kumar went to Guest Room of the factory where they saw dead-body of his father stained with blood lying on the bed. His father was murdered by some unidentified persons with sharp edged weapons. Spot was inspected. Rough site plan was prepared. Dead- body was identified by Vikram Kumar and Hari Krishan. Dead-body was sent for post-mortem examination. Blood stained soil and blood stained bed sheet were taken into possession. The same were sent to Forensic Science Laboratory, Punjab, Chandigarh, for examination. Inspector Gursewak Singh recorded the statement of Gurcharan Singh vide Ex. DX/1, to the effect that he was doing the work of hosiery on commission basis. He oftently used to visit factory for this purpose. Hosiery workers and nearby labourers were known to him. He was present in his house. Joginder Singh @ Kalia worker of Mefa Needles factory and Niku servant of Achar Factory came. They were nervous. They made extra-judicial confession before him that they had murdered Prem Nath owner of the factory. Gurcharan Singh produced both the accused before the police. They were arrested. Golden Ring was recovered. Poker (sua) was also recovered. The investigation was completed and the challan was put up after completion of all the codal formalities.