PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment dated 08.04.2016 and order dated 11.04.2016, rendered by learned Sessions Judge, Ludhiana, in Sessions Case No. 50 dated 11.03.2014, whereby appellant Pawan Kumar, who was charged with and tried for the offences punishable under Sections 302 and 307 of the Indian Penal Code (hereinafter referred to as 'the IPC' for brevity sake), was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, under Section 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 307 IPC. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that on 17.09.2013, the police received information that one woman was attacked with knife in the area of BRS Nagar. The police party headed by SI Manjit Singh reached the spot. A woman was found lying dead in a pool of blood. A large number of people had gathered on the spot. The dead body was of Krishna wife of Rakesh Kumar. The police came to know that owner of Paras Sweet Shop, namely Kanwaljit Singh, had also sustained injuries in the incident. He was admitted in DMC Hospital, Ludhiana. SI Manjit Singh went to DMC Hospital, Ludhiana. He sought opinion of the concerned doctor, who declared injured Kanwaljit Singh fit to make statement. He recorded the statement of Kanwaljit Singh. He stated that he was running a sweet shop in his house No. 28-E, BRS Nagar, Ludhiana. He engaged Krishna wife of Rakesh Kumar, resident of House No. 254-B, BRS Nagar, Ludhiana, as a maid in his house. She used to cook food and do the cleaning work. At 8.15 AM on 17.09.2013, she came to his shop after completing her work in his house. In the meantime, Pawan Kumar son of Pattri Kali Charan, who was related to Krishna, came to the shop of the complainant. He was armed with a sharp knife. He asked Krishna not to work with the complainant. Krishna stated to Pawan Kumar that she had taken advance from her employer. She would not stop working. The complainant also advised Krishna that she should stop doing work at his place. In the meantime, Pawan Kumar took out red chilly powder from his trouser and threw it towards his eyes. Pawan Kumar caught Krishna and pulled her out of the shop. He gave knife blow which hit on the left side of her chest near the heart. She fell on the ground. In the meantime, the complainant raised hue and cry. Pawan Kumar entered the shop of the complainant and gave knife blow. It hit in the abdomen of the complainant. Another knife blow given by Pawan Kumar hit on the left flank near the heart of the complainant. Accused Pawan Kumar tried to give another knife blow. He saved himself. Krishna died on the spot. The accused ran away from the spot along with his knife. In the meantime, brother of Krishna, namely Sanjay, also came on the spot. The family of the complainant took him to DMC Hospital, Ludhiana for his treatment. The motive behind the occurrence was that accused Pawan Kumar objected Krishna from working in the house and shop of the complainant. FIR was registered. Post-mortem examination was got conducted. Accused was arrested on 17.09.2013 itself. He made disclosure statement, on the basis of which he got recovered the knife. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated in the case.