GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURMIT Singh aged about 19 years, resident of Village Pandher Kalan, District Amritsar, was convicted by Additional Sessions judge, Amritsar on February 20, 1987 under sections 302 and 449, Indian Penal Code. he was sentenced to rigorous imprisonment for life and to pay a fine of Rs. 2.000/-, in default to undergo rigorous imprisonment for six months under section 302, Indian Penal Code, and rigorous imprisonment for five years and a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months under section 449, Indian Penal Code. He has come up in appeal.

(2.) THE first information report was lodged by Balwinder Kaur, widow of Rattan Singh deceased. She along with her husband Rattan Singh, her uncle, Rattan Singh son of Vir Singh, her husband's brother Avtar Singh was present in the house in village Pandher Kalan. A sum of Rs. 8/- was due from her husband to Gurmit Singh accused. Gurmit Singh came there and demanded that amount. Her uncle Rattan Singh took out Rs. 10/- from his pocket to be handed over to Gurmit Singh which Rattan Singh husband of Balwinder Kaur, objected. He told Gurmit Singh accused that he would pay the amount in the morning. However, Gurmit Singh did not agree. He took out a knife from his pocket and stabbed Rattan Singh hitting on the left side of his chest near the nipple. Gurmit Singh left the house followed by Rattan Singh injured. In the street, Rattan Singh fell down. He was being taken to hospital at Fategarh Churian that on the way he died and was brought back. Balwinder Kaur went towards the police station to report and on the way A.S.I. Mohan Singh met her on the canal bridge, Sangatpura to whom she made the report. On the basis of that statement, a case was registered at the police station. This occurrence took place on Jure 14, 1986 at about 9.10 P.M. in the house of Rattan Singh deceased. After arrest of Gurmit Singh, he got recovered a knife which was concealed in the fields. During investigation of the ease, the police also took into possession bloodstained earth from the street and blood-stained clothes of the deceased. Gurmit Singh was put up for trial.

(3.) ACCORDING to the opinion of the doctor, the death was due to shock and haemorrhage as a result of injuries to the heart which was sufficient to cause death in the ordinary course of nature. Exhibit P. A. is the copy of the post-mortem report. P.W. 2 Constable Baldev Singh got the post-mortem conducted on the dead body which was entrusted to him by the Investigating officer. P.W. 3 Rishi Ram, Draftsman, prepared the plan of the place where the dead body was lying which is Exhibit P.B. PW, 4 Hazara Singh attested the inquest report, Exhibit P.C. P.W. 8 Raghbir Singh Ex-Sarpanch, produced the accused before the police on June 20. 1986. This disclosure statement, Exhibit P.L. was recorded that he had kept concealed the knife in the sarkandas near the railway line in the area of the village and in pursuance of the said statement the accused got recovered the knife which was stained with blood. Exhibit P.L.I is the recovery memo. Exhibit P.L./2 is the sketch of the knife. P.W. 9 Section 1. Som Nath deposed about the recovery of the knife in pursuance of the statement of accused. P.W. 10 A.S.I. Mohan Singh also investigated the case. The report of the Chemical Examiner, Exhibit P.J. was produced to show that the knife, blood-stained earth and the clothes of the deceased were stained with blood. Report of Serologist, Exhibit PK, showed that the clothes were stained with human blood. However, the origin of the blood on the earth and the knife could not be determined The aforesaid evidence was put to the accused and his statement under section 313, Criminal Procedure Code, was recorded He denied the prosecution allegations and pleaded innocence. Although opportunity was afforded to him, he did not produce any evidence in defence. It is upon consideration of the evidence produced in the case that the Additional Sessions Judge convicted the appellant.