MULAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant along with his two co-accused was tried for the offence under Section 302 read with Section 34 of the Indian Penal Code. His co-accused were acquitted but the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. Her has appealed against his conviction and sentence.

(2.) THIS case relates to an occurrence which took place on 15.3.1987 at 8 00 P. M. within the revenue estate of Shahi Mohalla and Police Station Kotwali in district Ludhiana. At that time Paramjit Khosla (deceased), Surinder Kumar and Surinder Mohan Sood (PW4) were present in front of the house of Basant Lal when the appellant and two others. came there and started uttering filthy words. They were objected to by Surinder Mohan and others on the pretext that it was a residential locality and people lived there with families. There was an altercation between the two sides attracting Gurdev Krishan (PW-5) to the scene. The companions of the appellant caught hold of Paramjit Khosla and the appellant took out a dagger from his dab and gave blow with it on the chest of Paramjit Khosla. The appellant was overpowered by the witnesses at the spot. The matter was reported to the police by Surinder Mohan upon which a case under Section 307 IPC read with Section 34 of Indian Penal Code was registered. Paramjit Khosla succumbed to the injury sustained by him and ultimately the offence was amended to one under Section 302 read with Section 34 of the Indian Penal Code.

(3.) THE post-mortem examination on the dead body of the deceased was conducted by Dr. Samir Dogra (PW-1) who noticed one injury on his person :-