VISHAL WADHWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 19.07.2017 rendered by the learned Sessions Judge, SAS Nagar (Mohali), in Sessions Case No.RT-10 dated 16.02.2015 / 26.04.2016 whereby the appellant along with co-accused Ashok Kumar and Ravinder Singh @ Happy were charged with and tried for offences punishable under Sections 302, 324, 341 Indian Penal Code (in short 'IPC'). Co-accused Ashok Kumar and Ravinder Singh @ Happy were acquitted. The appellant Vishal Wadhwa has been convicted and sentenced for offences punishable under Sections 302, 324 IPC, as under:- <FRM>JUDGEMENT_51_LAWS(P&H)2_2019_1.html</FRM>

(2.) The case of the prosecution in a nutshell is that the complainant Satinder Singh @ Johny was resident of village Rurki, P.S. Lalru. He was student of B-Tech in Universal College, Ballopur. On 31.10.2014 at about 10.30 A.M., the complainant along with his friend Devinder Singh son of Sahib Singh, resident of Dharamgarh Road, near Rathi Public School, Lalru, had gone to attend a Jagran in Lalru Mandi. Vishal Wadhwa and his friend Ravinder Singh @ Happy gave them beatings. On 01.11.2014 at about 11.00 A.M., the complainant and his friend Devinder Singh were going on motor cycle. Ravi Kumar and Sandeep Singh were also on motor cycle. They were proceeding towards their shop. Vishal Wadhwa stopped them when they reached near his shop. Vishal Wadhwa gave a knife blow to Devinder Singh which struck him on the left side of his chest. Ashok Kumar father of Vishal Wadhwa had exhorted that he should not be spared. The father of Vishal Wadhwa had caught hold of Devinder Singh. The complainant came forward to save Devinder Singh. Vishal Wadhwa gave blows on the left kula (pelvis) and left thigh of the complainant. Ravinder Singh @ Happy caught hold of Devinder Singh from his arms. Vishal Wadhwa gave another blow to Devinder Singh. The uncle (chacha) of Vishal Wadhwa was standing there. He also proclaimed that the complainant should not be spared. In the meantime, Kamaljit Singh, uncle (chacha) of Devinder Singh reached at the spot. The assailants ran away. The complainant along with his friend Ravi Kumar had taken Devinder Singh on motor cycle to Lalru Mandi. The doctor checked him. He was declared dead. The post-mortem was conducted. The complainant was also examined by the doctor. The challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of appellant along with co-accused were recorded under Sec. 313 Crimial P.C. They denied the case of prosecution. The appellant was convicted and sentenced, as noticed hereinabove. Hence the appeal.