SARMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has filed this appeal against judgment and order dated November 2,2000, vide which he was convicted for commission of an offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, with a default clause. Period spent in custody during trial, was ordered to be set off against the period of sentence, mentioned above.

(2.) It was allegation against the appellant that on August 22, 1998, he committed murder of Ajit Singh, within the area of village Chogawan, Police Station Lopoke, at about 7 PM, Process of criminal law was set in motion on a statement (Ex. PC) made by Head Constable Hardip Singh (PW6) at 8 PM on August 22, 1998, which was recorded by Inspector Dharam Singh (PW9), on the basis of which formal FIR (Ex. PC/2) was registered in Police Station Lopoke, at 9 PM. Special report reached the concerned Magistrate at 5 AM on August 23, 1998. Case of the prosecution, as noted by the trial Court in para No. 2 of the judgment, reads thus: That on 22.8.1998, a police party headed by HC Hardip Singh (now ASI Hardip Singh PW6) along with other police officials including LC Davinder Singh (PW7) had held a Naka in Chowk Chogawan. At about 7 p.m., HC Hardip Singh and other police officials noticed that two persons were having altercation between themselves on the side of Ajnala road, opposite to the general merchant shop of Balwinder. HC Hardip Singh and LC Davinder Singh proceeded towards those two persons. Within the sight of police officials, one of them, who was Sarmukh Singh accused, gave Khanda (iron rod) blow to the other person, who was Ajit Singh (deceased). The blow hit the deceased on his neck, as a result of which, he fell down on the ground and his injury started bleeding. In the meantime, Savinder Singh, Sarpanch, also reached there. When HC Hardip Singh and LC Davinder Singh went near Ajit Singh, they noticed that he had already died, HC Hardip Singh snatched Khanda from the accused. Allegedly, the accused disclosed to police that litigation was pending between him and his father-in-law Dharam Singh and in that litigation, the deceased was helping his father-in-law.

(3.) The Investigating Officer prepared rough site plan of the place of occurrence, with correct marginal notes. He also took into his possession Khanda (double edged sword), i.e., weapon of offence against a recovery memo. He also lifted blood stained earth from the spot and took it into his possession against a recovery memo. He recorded statements of the witnesses, prepared inquest report Ex. PA of the dead body and sent it for postmortem examination, which was conducted by Dr. Didar Singh (PW1) on August 23, 1998, at 11.15 AM. The accused was arrested at the spot. On completion of investigation, final report was put in Court for trial. The appellant - accused was charge-sheeted, to which he pleaded not guilty and claimed trial. The prosecution produced ten witnesses and also brought on record documentary evidence to prove its case. On conclusion of prosecution evidence, statement of the appellant - accused was recorded under Section 313 Cr.P.C. Incriminating material, existing on record, was put to him, which he denied, pleaded innocence and false implication. He further stated that he was picked up from his village and falsely involved in this case. He also led evidence in defence.