RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises out of the following facts :- Raj Kumar appellant and his brother Krishan Chand deceased and Ved Parkash-PW 5, were residents of village Barsat, Police Station, Sadar Patiala. On 25th October, 1992, Upkar Chand, his brother Jaswinder Kumar and uncle Krishan Chand foresaid, had come from Patran in a jeep No. CHK-1172 to pay obeisance to their ancestors in village Barsat, on the occasion of Diwali. They also took Ved Parkash-PW5 from his house in village Barsat on the occasion. After doing so, they came on the link road leading from Patiala to the Sangrur High-way, when a Maruti Car No. PB-05-8282, came close by and the appellant Raj Kumar armed with a .12 bore DBBL gun and carrying bandolier of cartridges emerged from it. He, therefore, loaded his gun and challenged his brothers Krishan Chand and Ved Parkash and called out that he would teach them a lesson for giving him an inadequate share in the joint property of the family. Ved Parkash and Krishan Chand entreated with the appellant, but despite their request, he first fired a shot at Krishan Chand which hit him in the chest and a second shot on Ved Parkash, which hit him on the left leg near the knee. Upkar Chand-PW3 and Jaswinder Kumar raised a raula,1.40 on which the appellant emptied his gun, re-loaded it, boarded the car and drove away. Upkar Chand and Jaswinder Kumar put the two injured in the jeep, but found that Krishan Chand had, in the meanwhile, succumbed to his injuries. The body of Krishan Chand and Ved Parkash in an injured condition were nevertheless carried to Rajindra Hospital, Patiala by Jaswinder Kumar, whereas Upkar Chand-PW3 remained at the spot. In the meantime, Satya Devi wife of Vide Parkash also reached the spot, on which Upkar Chand-PW3 leaving her to guard the place of incident, also left for the Police Station, Sadar Patiala to report the matter but when he reached the Bus Adda, of village Barsat, he met ASI Gulab Singh-PW10 and made his statement Ex.PG at 9.40 a.m. and on its basis, a formal F.I.R. under Sections 302/307 of the I.P.C. and Sections 25 and 27 of the Arms Act, was registered at Police Station Sadar, Patiala at 10.40 a.m. with the Special Report being delivered to the Ilaqa Magistrate at 4 p.m. the same afternoon. ASI Gulab Singh-PW10 accompanied by Upkar Chand-PW3 then rushed to the Emergency Ward of the Rajindra Hospital, Patiala, and reached there at about 10 a.m. He prepared the inquest report Ex.PE with regard to the death of Krishan Chand which was duly attested by Ganesha Ram and Gian Chand PWs and the dead body was also subjected to a post mortem at 1.40 p.m. the same after-noon. The ASI also made an application Ex.PQ in order to ascertain the opinion of the doctor with regard to the condition of the injured Ved Parkash but as no doctor was available in the ward, his statement was not recorded. The ASI then reached the place of occurrence and started with the investigation. He also lifted two spent cartridge cases of 12 bore and five live cartridges of .32 bore from the spot. He made a search for the accused on 27th and 28th October, 1992 and finally arrested him on 29th October, 1992 after he had been produced before him by Jawahar Lal PW in the Police Station itself. The Maruti car aforesaid was also taken into possession by the police alongwith its papers. The appellant was interrogated on Ist November, 1992 and on the basis of his disclosure statement, a .12 DBBL gun, 10 live cartridges alongwith the licence were recovered from the almirah of his residential house at Patran on 4th November, 1992. The Duty Adjutant of the 15 Mechanical Infantry Regiment, also produced a revolver before the A.S.I. which was also taken into possession vide memo Ex.PAA. On completion of the investigation, the accused was charged under Sections 302/307 of the I.P.C. and section 27 of the Arms Act and as he pleaded not guilty, he was brought to trial.

(2.) THE prosecution in support of its case relied primarily on the evidence of Upkar Chand-PW 3, the first informant, Ved Parkash-PW 5 an injured witness as also the evidence of ASI Gulab Singh PW10, Dr. Atul Gupta-PW 1, who had medico-legally examined Raj Kumar appellant on 30th October, 1992 and had found nine injuries on his person including a fracture of the right ring finger, PW-2 Dr. O.P. Aggarwal, who had conducted the post mortem examination on the dead body of Krishan Chand at 1.40 p.m. on 25th October, 1999 and had found that the injuries suffered by the deceased had been caused by a shot gun blast and Dr. Jatinderpal Singh PW-of of the Emergency Section of Rajindra Hospital, Patiala, who had examined Ved Parkash-PW 5 and had found one gun shot injury with multiple lacerated wounds on the left knee.

(3.) THE appellant also examined Major R. Edwards as DW-1 in his defence.