GUPAL BAHADUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was tried and convicted on the charge under Section 302, Indian Penal Code, for having committed the murder of Malkiat Singh alias Kala and sentenced to undergo imprisonment for life besides a fine of Rs. 1,000/- on in default of payment thereof, to further suffer six months' rigorous imprisonment by the learned Sessions Judge Faridkot, vide his judgment and order dated 18.2.1987. Feeling aggrieved against the above referred orders of conviction and sentence, he has come up in appeal.

(2.) IN brief, the facts of the prosecution case are that Bant Singh (PW3) had taken 10 killas of land on lease in the revenue estate of village Nathuwala Garhi from Maghar Singh. This land was being irrigated from a tubewell situated in that land. Bant Singh along with his son Malkiat Singh used to cultivate this land jointly. Gopal Bahadur accused was an employee of aforesaid Maghar Singh and resided at the tubewell. On 7th February, 1986, at about 8 a.m., Bant Singh PW along with his son Malkiat Singh deceased started irrigating their land from the said tubewell. At about 12 noon Gopal Bahadur accused started quarrelling with Malkiat Singh. Bant Singh PW raised the alarm upon which Mukand Singh (PW4) was also attracted to the spot from the nearby fields. The accused gave 6/7 blows with a knife to Malkiat Singh victim. Malkiat Singh fell down at the spot. The accused ran away along with his knife. Malkiat Singh was found dead just thereafter by the above referred witnesses. Jaila Singh, Chowkidar was then called and after deputing him to keep guarding the dead body, aforesaid Bant Singh along with Mukand Singh rushed to Police Station Baghapurana and lodged the FIR Ex.PE at 2.30 p.m. with ASI Darshan Singh (PW5). Thereafter, ASI Darshan Singh arrived along with other officials at the place of crime at 4 p.m. He found the dead body of Malkiat Singh lying in the field near the tubewell and prepared the inquest report Ex.PB which was attested by the witnesses. The dead body was entrusted to constables Lachhman Dass and Madan Lal for autopsy vide request Ex.PC. The blood-stained earth was also seized from the spot. The visual site plan Ex.PG of the place of occurrence was also prepared. The accused was found absconding from his house.

(3.) THE accused continued absconding till February 13, 1986, when he was produced before ASI Darshan Singh by one Tehal Singh on 14th February, 1986. The accused got recovered the blood-stained knife Fx.P1 from the dry fooder (Turi) in the field of Nazar Singh in pursuance of his disclosure statement Ex.PH. It was found stained with human blood by the Chemical Examiner and the Serologist vide reports Exhibits PJ and PK respectively. After completion of investigation the appellant was arraigned for trial on such like allegations for the murder of Malkiat Singh.