ANOOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has directed this appeal from the Jail against the judgment passed by the learned Additional Sessions Judge, Kamal, dated 6-6-87 whereby that he was convicted under Section 302 of the Indian Penal Code for the murder of his brother Dalip Singh and sentenced under imprisonment of life.

(2.) In brief the facts are that Anoop Singh appellant alongwith his brother Dalip Singh deceased used to reside in a house in the area of village Sambhi. They used to quarrel with each other. On November 10, 1986, at about 7 p.m. both of them were quarrelling in front of the shop of Billu ]hinwar on the demand of Rs. 100/- by Anoop Singh accused from Dalip Singh deceased and refusal of the latter and they were pacified by Charan Singh P.W. 11 and Gurdial Singh. On the next morning at about 8 a.m. Anoop Singh accused approached Charan Singh P.W. 11 at his house and confessed having killed his brother Dalip Singh during the preceding night while consuming liquor and eating chicken, due to the altercation of the previous evening. He further stated that he picked up a brick bat lying nearby and dealt two blows with the same on the head of Dalip Singh and that thereafter he picked up a sota Ex. P. 4 lying nearby and gave a blow with it on the hand of Dalip Singh. The mother of the accused had also arrived at the house of Charan Singh P.W. by then. Thereafter Charan Singh went to the house of Dalip Singh deceased and found his dead body lying on a cot. He deputed Kanta Ram chowkidar to safeguard the dead body and rushed to Police Post, Nilokheri on a motor cycle where he lodged report Ex. P.L. with A.S.I. Parkash Chand P.W. 13 at 10-40 a.m. and on its basis formal First Information Report Ex. PL/2 was recorded at Police Station, Butana, at 11 a.m. by S.I. Narpat Singh. A case under Section 302 of the Indian Penal Code was registered against the accused A.S.I. Prakash Chand along with other police officials and Charan Singh P.W. then arrived at the spot. He prepared the inquest report Ex. P.B. of the dead body. He also seized blood stained earth from underneath the cot on which the dead body of Dalip Singh lay, besides some blood stained dry stalks of paddy from the cot. He also prepared the visual site plan Ex. P.O besides recording the statements of the witnesses. S.I. Narpat Singh P.W.14 arrived at about 2-35 p.m. at the spot and took over the investigation from him. On the same evening at 4.30 p.m. Surjit Singh and Sharam Singh witnesses produced the accused before the Sub Inspector near the culvert in the area of village Ramana Ramni. The accused was arrested in this case. On interrogation the accused in pursuance of his disclosure statement got recovered one piece of brick Ex. P.3 and danda Ex. P. 4 from a heap of dung cakes lying inside his house. These were wrapped in two different sealed parcels and taken into possession.

(3.) The autopsy on the dead body Dalip Singh was conducted by Dr. Ravinder Kumar, P.W. 1 at 4.30 p.m. on 11-11-1986. He found five blunt weapon injuries on his person. Parietal bone was found fractured under injuries No5. This injury was individually found sufficient to cause death in the ordinary course of nature. This doctor also preserved the pieces of stomach, large intestine, liver, spleen, kidney, sample of blood and urine and sent the same for Chemical examination. The Chemical Examiner found the presence of alcohol in all these organs as well as in sample of blood and urine. The sealed parcels of the clothes of the deceased, of the earth and brick bat were also sent to the Director, Forensic Science Laboratory, who confirmed the presence of human blood on all these articles. After completion of investigation the accused was arraigned for trial on such like allegations for the murder of his brother Dalip Singh.