WILLIAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment and order dtd. 8/1/2003, rendered by learned Additional Sessions Judge, Ferozepur, in Sessions Trial No. 3 of 2003. Appellants William alias Kali and Santosh alias Toshi were charged with and tried for the offences punishable under Sec. 302/460 read with Sec. 34 IPC. Appellant William alias Kali was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000.00, or in default of payment of fine to further undergo rigorous imprisonment for three months, under Sec. 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000.00, or in default of payment of fine to further undergo rigorous imprisonment for two months, under Sec. 460 IPC. Appellant Santosh alias Toshi was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000.00, or in default of payment of fine to further undergo rigorous imprisonment for two months, under Sec. 460 IPC. However, she was acquitted of the charge under Sec. 302 IPC.

(2.) During the course of arguments, learned counsel for the appellants stated that appellant Santosh alias Toshi has died during the pendency of the appeal. Hence, appeal qua her stands abated.

(3.) The case of the prosecution, in a nutshell, is that Rajinder alias Lattu (PW. 7) had lodged complaint Ex. P10. According to the averments, made in the complaint, he along with his nephew Chamkaur alias Gaggu and their family was residing in one 'haveli' (house) situated in Vehra Lahianwala at Basti Bhatian Wali, Ferozepur City. They were working as labourers. On 1/8/2000, Chamkaur alias Gaggu went to work at the house of Karam Chand. He came back after taking meals. He reached his house late in the evening. However, at about 10.30 PM, accused Santosh alias Toshi accompanied by her son William alias Kali reached the house to lodge a protest with Smt. Salomi alias Bholi, mother of Chamkaur alias Gaggu. According to Santosh alias Toshi, son of Smt. Salomi alias Bholi had abused William alias Kali on the previous day. Smt. Salomi refuted that protest. Smt. Salomi alias Bholi told Santosh alias Toshi that it was her son William alias Kali who had abused Chamkaur alias Gaggu. The hot words exchanged between them. Accused Santosh alias Toshi raised a 'lalkara' and exhorted her son, William alias Kali, to teach a lesson to Chamkaur alias Gaggu. Accused William alias Kali took out a small kirpan (Gatra type) from his clothes. He inflicted a blow with the same to Chamkaur alias Gaggu. It hit him on the left side of chest below the nipple. Chamkaur alias Gaggu collapsed on the spot. The complainant, his wife Gagan and Salomi alias Bholi raised alarm. Both the accused ran away from the spot. The complainant arranged a rickshaw. The injured was rushed to the hospital. However, he was declared as 'brought dead'. The FIR was registered. The body was sent for post mortem examination. The investigation was initiated and challan was put up after completing all the codal formalities.