HARBANS LAL ALIAS KAKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARBANS Lal alias Kaku son of Swarna son of Arjan aged 18 years Bandmaster resident of village Pialan was tried for the murder of Nazir by Sessions Judges, Hoshiarpur in case FIR No. 2 dated 11.1.1994 registered at Police Station Sadar Hoshiarpur and was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- or in default to undergo rigorous imprisonment for two months vide order dated 5.10.1994 therefor.

(2.) PROSECUTION case briefly stated runs as follows :- On 11.1.1994 at about 6.30 A.M. Malook Chand PW. 17 went to village Pialan to Banta Ram PW.6 and told him that his son Nazir had not reached village Niara for playing band and as such he should accompany him to join band party. Banta Ram, Nazir and Harbans alias Kaku were engaged in the profession of playing band. Harbans alias Kaku accused is the grand-son of Banta Ram's brother. Nazir was to play band in marriage of Jheewer community on 10.1.1994 in village Niara. That marriage was to take place on 11.1.1994. Nazir had ostensibly gone to village Niara on 10.1.1994 for playing band. He had however not reached village Niara for playing band in that marriage. Banta Ram accompanied Malook Chand at about 6.30 A.M. for village Niara on cycles along Kacha passage. While they were going to village Niara along Kacha passage and had reached the revenue limits of village Niara they found cycle of Nazir lying at a distance of about 2 karams from the path leading to village Niara. Banta Ram looked for his son and found the dead body of his son lying in a pit at a distance of about 40 karams from the point where that cycle was lying. There were injury marks on the dead body. Near the dead body were lying a brass band pipe and knife. There was one left foot mould also at the spot. Banta Ram PW.6 reported the matter to the police vide statement Ex.PK, on the basis of which case was registered on 11.1.1994 at Police Station Sadar Hoshiarpur under section 302 Indian Penal Code vide formal FIR Ex.PK/3. SI Jaswant Singh SHO Police Station Sadar, Hoshiarpur PW.19 investigated the case. ASI Raminder Singh and H.C. Gurdev Chand also came to the spot. From the site of crime one mould of foot wear (gurgabi) was lifted with plaster of paris vide memo Ex. PU. From the spot cycle Ex.P.11 was also taken into possession. Blood- stained earth was lifted which was made into a sealed parcel and taken into possession vide memo Ex.PU/2. There were finger impressions on knife Ex. P.2. SI Gurdip Singh was also called to the spot and he developed finger prints lying on the knife Ex.P.2 and band pipe Ex. P.3. Sketch Ex. PH was prepared with regard to knife Ex. P.2. Knife Ex.P.2 was made into a sealed parcel and taken into possession vide memo Ex. PH/1. Band pipe Ex. P.3 and cycle Ex.P.11 were taken into possession vide memo Ex. PU/1. SI Jaswant Singh prepared inquest Ex. PE on the dead body. Dr. Devinder Singh conducted autopsy on the dead body on 11.1.1994 at about 4.45 P.M. He found incised wounds, reddish and pinkish abrasions on the dead body as mentioned in the post mortem report. In his opinion, cause of death was due to haemorrhage and shock caused by injury No. 4 and other injuries which were collectively and individually sufficient to cause death in the ordinary course of nature. Probable time that elapsed between injuries and death was within few minutes and between death and post mortem was within 24 hours. On 24.1.1994 mould of left gurgabi (foot wear) of Harbans Lal accused was taken before Sh. Jagnahar Singh, Judicial Magistrate Ist Class, Hoshiarpur by ASI Raminder Singh in pursuance of his application Ex. PA. The mould is Ex. P.1. on 10. 2.1994, finger prints Ex.P.C. of Harbans Lal accused were taken before Sh. Jagnahar Singh, Judicial Magistrate 1st Class, Hoshiarpur by Head Proficient on the specimen finger print sheet. On 13.1.1994 SI Sartaj Singh of the Finger Print Bureau Phillaur came to Police Station Sadar, Hoshiarpur and took photographs of finger prints on knife and brass band pipe after they had been taken out of the sealed parcels. On 23.1.1994 Harbans Lal accused was produced before ASI Raminder Singh PW. 18 by ex-Sarpanch Paramjit Singh. ASI Raminder Singh interrogated him in the presence of H.C. Sukhdev Singh and Paramjit Singh. On interrogation he disclosed that he had kept concealed silver ring in the pocket of his jacket which he had buried in sugarcane field close to village Nasrala choe and that he could get the same recovered. His disclosure statement Ex. PL was recorded. He got recovered silver ring Ex. P.10 and the jacket stained with blood in pursuance of his disclosure statement. Jacket Ex. P.12 was made into sealed parcel and was taken into possession vide memo Ex. PM. sealed parcel containing knife and jacket were sent to Forensic Science Laboratory for chemical/serological examination. Assistant Director (Zoology), Forensic Science Laboratory, Chandigarh found knife and jacket stained with human blood. Impression of left foot wear on crime mould C-1 lifted from the site of crime was found to be from the left fallow of foot wear 'TL' contained in parcel 'T' obtained from the suspect Harbans Lal by Forensic Science Laboratory. After investigation Harbans Lal alias Kaku accused was challaned under section 302 of the Indian Penal Code.

(3.) AFTER trial accused was convicted and sentenced as indicated above by the Sessions Judge, Hoshiarpur vide order dated 5.10.1994.