CHANAN RAM Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) CHANAN Ram appellant was brought to trial for the murder of his son Gurmel Singh. He was found guilty and was sentenced to life imprisonment.

(2.) THE prosecution case, in brief, is that Gurmel Singh (now deceased) separated from his father Chanan Ram about 10 years ago. They two lived in separate houses opposite to each other. When they were living jointly, a water pump had been installed in front of their house. About two months prior to the present occurrence, the accused objected to the drawing of water by the deceased from that water pump. The accused used to abuse the deceased and his family members while in a drunken brawl. The prosecution story goes that on the fateful night, i.e. on 9th June, 1974 at about 11 P.M. the deceased returned to his house after jagrata. His wife Amro served meals to him and his daughter Joginder Kaur. The accused, who was then present in his house, started abusing the deceased. The deceased objected but the accused did not desist from abusing him. The deceased went up to the accused and requested him with folded hands to desist from abusing. The accused plunged his dagger in the chest of the deceased, on receipt of which the latter slumped on the ground. Smt. Amro and her daughter Joginder Kaur immediately rushed to the spot and removed the deceased to their house. On hearing the alarm of the witnesses, Nandu, Prem Nath and Sohan Lal were attracted to the spot to whom they narrated the whole incident and in the meanwhile the accused made good his escape with the dagger. Gurmel Singh expired while being removed from the house of the accused. Joginder Kaur was left to guard the dead body, while Smt. Amro accompanied by Nandu, Prem Nath and Sohan Lal went to Police Station, Phagwara and lodged the First Information Report, Exhibit PA, with Sub Inspector Bal Mukand (P.W. 6). Sub Inspector Bal Mukand went to the house of the deceased and held inquest, Exhibit PL. Thereafter he lifted blood stained earth from outside the house of the accused and prepared the visual plan, Exhibit PG/1. The accused was not found in his house. On the following day of the occurrence, the accused went to Naranjan Singh Sarpanch (P.W.3) and made a confession of having murdered his son by giving him a dagger blow. At about 3.00 P.M. Naranjan Singh Sarpanch produced the accused before the Sub Inspector who formally arrested him. On interrogation the accused made a disclosure statement leading to the recovery of blood -stained dagger, Exhibit P. 3, from the specified place of concealment. Blood stained Chaddar, Ex. P. 2 and shirt, Ex. P1 worn by the accused, were also taken into possession vide Memo Exhibit PF/1. Vide reports, Exhibits PN and PN/1 of the Chemical Examined and the Serologist respectively, earth etc. and Banyan were found stained with human blood.

(3.) THE appellant when examined under section 313 Criminal Procedure Code, denied the prosecution allegations and pleaded his false complicity, due to amenity with the deceased. He however, led no evidence in defence.