KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KAMALJIT Singh aged 25 years and Piare Lal aged 20 years, residents of Hoshiarpur were brought to trial for committing the murder of Jag-dish Rai. Both of them stand convicted under Section 302 read with Section 34 Indian Penal Code and each of them has been sentenced to life imprisonment and a fine of Rs. 1,000, in default to undergo rigorous imprisonment for one year. Piare Lal filed Cr. Appeal No. 1113 of 1977 against the same judgment and as such this judgment will dispose of both the appeals.

(2.) THE prosecution story, in short, is that Ram Parkash Manchanda (P. W. 5) was the neighbour of Jagdish Rai deceased. The deceased used to reside with his father and brother Om Parkash. On the fateful day, i. e. , 25-12-1976 at about 8. 15 p. m. Ram Parkash p. W. was present in his house. He heard noise outside in the street when somebody was raising alarm "bachao, Bachao". Hearing this he came out of his house and saw two persons, both the accused were grappling with' Jagdish Rai deceased. The street light was on at the time of occurrence. On seeing this, he went to the spot and spoke out as to who was grappling with Jagdish Rai. While he did so, he heard the fire report and soon after both the accused made good their escape. Jagdish Rai slumped on the ground and in the meanwhile Jiwan Dass, father and Om Parkash brother of the deceased came out of their house and they carried Jagdish Rai to the hospital on a cot with the aid of two other persons. Ram Parkash went to Police Station City, Hoshiarpur and lodged the F. I. R. Ex. PG with S. I. Jaikaran Dass at 8. 30 p. m. Diwan Dass remained at the spot to guard the place of occurrence.

(3.) SUB-INSPECTOR Jaikaran Dass (P. W. 14) is the investigating officer. He went to the place of occurrence at about 9. 05 p. m. and prepared its visual plan Ex. PN/1. He lifted blood-stained earth and also recovered jhola (Ex. P. 11) and left fellow of shoe (Ex. P10) from the spot. Jagdish Rai succumbed to his injuries in the hospital. S. I. Jaikaran Dass went to the hospital, held inquest Ex. PC and sent the dead body to the mortuary for autopsy. During the investigation one Ashok alias Kara and Ghambal Singh were arrested and interrogated. The accused were searched for but they were not available. They were, however, arrested on 15-1-1977 and 1-4-1977 respectively. Test identification parade for identifying the accused was arranged on 21-1-1977 and 12-4-1977 but they refused to be identified. On interrogation by the investigating officer, Piare Lal suffered disclosure statement leading to the recovery of right fellow of shoe (Ex. P. 13) from the specified place of concealment. On interrogation by the A. S. I. Kewal Krishan (P. W. 15), Piare Lal suffered disclosure statement Ex. PO and he got recovered a pistol (Ex. P14), one empty cartridge (Ex. P16) and a live cartridge (Ex. P. 15) from the specified place of concealment and the same were taken into possession vide memo Ex. PO/1.