SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sat Pal appellant along with his co-accused Parvesh Kumar was brought to trial for the murder of Ashok Kumar deceased before the Court of Sessions, at Jalandhar. The learned Sessions Judge, Jalandhar by his judgment dated November 12, 1986, acquitted Parvesh Kumar accused but held the appellant guilty under section 302, Indian Penal Code and sentenced him to life imprisonment and a fine of Rs. 5,000/ or in default to undergo further rigorous imprisonment for one year. He appeals.

(2.) The prosecution case in brief is that on May 26, 1986 at about 8 p.m., Ashok Kumar deceased was watching T.V. at his house when somebody called him from outside. He opened the door and met Sat Pal and Parvesh Kumar accused. While they were talking to each other, they proceeded towards the chowk and were present near the shop of Raj Kumar, a Karyana merchant. It is alleged that the electric light outside the nearby shop of Raj Kumar was on and there was sufficient light near the place of occurrence. At that time, Sat Pal accused complained to Ashok Kumar deceased as to why he had written a letter to his sister. This fact was, however, denied by Ashok Kumar. Immediately thereafter, Parvesh Kumar accused caught hold of Ashok Kumar deceased by his neck and Sat Pal accused took out a knife from his dub and plunged it in the left flank of Ashok Kumar. On hearing the noise raised by Ashok Kumar; Behari Lal and Girdhari Lal PW5 were attracted to the spot and they also witnessed the occurrence. Thereafter, both the accused bloted away from the spot along with the knife. immediately after the occurrence, Paras Ram removed Ashok Kumar injured to the Civil Hospital, Jalandhar, where Dr. Jasbir Singh PW.1 found the following injury on his person: A stab incised wound 2.5 cm x 1 cm on the lateral aspect of lower half and the chest on left side. TI On receipt of intimation from the doctor, Head Constable Joginder Singh went to the said hospital to record the statement of the injured. Dr. Dial opined that Ashok Kumar was fit to make a statement. Thereafter the Head Constable recorded the dying declaration of Ashok Kumar, which was concluded at 8.10 a.m. and on its basis formal F.I.R. under section 324, Indian Penal Code was subsequently recorded at Police Station Division No.6, Jalandhar at 8.35 a.m. on 27-5-1986. After the death of Ashok Kumar at 2. p.m. on 28-5-86 in the said hospital, the offence was converted into one under section 302, Indian Penal Code. The Head Constable went to the. spot and prepared its visual plan. He also lifted blood stained earth from the place of occurrence. Both the accused were arrested on the following day of the occurrence. On interrogation by the Investigating Officer, Sat Pal accused suffered disclosure statement leading to the recovery of knife from the specified place of concealment. Darshan Singh Assistant Sub-Inspector held inquest and sent the dead body to the mortuary for autopsy. After necessary investigation, the accused were challenged and committed.

(3.) Girdhari Lal P.W. 6 furnished the ocular account of the event. Kalu Ram P.W. 7 deposed to the fact that both the accused came to him on 27-5-1986 and confessed their guilt of having murdered Ashok Kumar with a knife. Head Constable Joginder Singh P.W. 9 recorded the dying declaration Ex. PF/I-2 of Ashok Kumar after obtaining the opinion of the doctor. Darshan Singh Assistant Sub- Inspector P.W. 8 was the Investigating Officer. The remaining evidence was of formal nature. When examined under section 313, Cr. P.C. the accused denied the prosecution allegations and pleaded false implication in the case. Roshan Lal and Raj Kumar Qanungo were examined in defence.