SURESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Suresh Kumar (hereinafter referred to as the accused) has challenged the judgment and order dated 29.6.2002 passed by learned Addl. Sessions Judge -1, Kangra at Dharamshala convicting him under Section 302 of the Indian Penal Code (for short the IPC) and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/ -. Fine, if recovered was ordered to be paid to complainant father of the deceased as compensation. Briefly stated the prosecution case is as follows:

(2.) PW -1 Brij Lal is the resident of village Nadd, Tehsil Baroh, District Kangra. PW -3 Sarwan Kumar also belongs to the same village. On 27.2.2001 marriage of Sanjay Kumar son of PW -3 was solemnized. At about 6.30 a.m. Baraat of Sanjay Kumar started on foot from village Nadd to Danoa. PW -1 and his son Sanjay Kumar also participated in the said marriage party. At about 7.30 p.m. the marriage party reached at a place known as Thanda Panni". One more marriage party from village Lahar also reached at "Thana Panni". Most of the boys participating in both the marriage parties were singing and dancing. There was some protest giving arising exchange of abuses and altercation between the accused and Sajeev Kumar on a trivial issue. The accused took out knife from the pocket of his trouser and struck its blow on the stomach of Sanjeev Kumar. As a result of blood injury he fell down on the ground and became unconscious. The accused then fled from the spot. PW -1 called his wife from the village, they both arranged a private jeep to take injured Sanjeev Kumar to hospital at Kangra, but Sanjeev Kumar died on the way at Rasooh Chowk. PW -1 informed PW -2 Smt. Usha Guleria, Ex -Member of Zila Parishad about the incident. PW -2, in turn, informed state S.L./S.H.O. Police Station, Kangra from her PCO about death of Sanjeev Kumar due to factual injuries caused with knife. PW -11 S.I. Gurbux Singh, Station House Officer, Police Station, Kangra recorded the telephonic information of PW -2 in daily diary Ext. PW -9. He alongwith ASI Dulo Ram, Head Constable Kaur Chand, constables Sunil Kumar and Subash Chand immediately proceeded to the spot. PW -11 recorded the statement (Ext. PA) of PW -1 .complainant under Section 154 of the Code of Criminal procedure which was sent to Police Station for registration of the First Information Report. PW -12 Inspector Surinder Singh recorded First Information Report (Ext. PW -11/K). Inquest report (Ext. PW -11/B) was prepared by PW -11 on the spot. The dead body of deceased Sanjeev Kumar was sent to Civil Hospital at Kangra for postmortem. PW -11 visited the place of occurrence on the same day. On the following day he prepared spot map (Ext. P -11/C) and recorded the statements of the witnesses. He went to village Khart, where the members of the Baraat were staying. He made search for the accused who at about 11 a.m. was found sleeping in the house of one Amar Nath. The accused was interrogated and arrested by PW -11. On personal search of the accused Dagger1 (Ext. P -1) was recovered concealed by him underneath the shit and tucked in the waist. Recovery memo (Ext. P -11/P) of the Dagger was prepared in the presence of PW -6 Ramesh Kumar and Amar Nath (not examined). Daggar Ext. P -1 was sealed in a parcel with seal impression T which after use was handed over to PW -6. Sketch map (Ext. P -11/C of Daggar1 was also prepared. On 28.2.2001 Daggar1 alongwith specimen of seal impression was deposited with PW -10 Head Constable Des Raj in the Police Station.

(3.) PW -13 Dr. D.P. Swami conducted postmortem examination on the body of Sanjeev Kumar on 28.2.2001 at 11.30 a.m. in Dr. Rajinder Parshad Govt. Medical College and Hospital, Dharamshala. Dr. Swami found the following injuries on the body of the deceased : - External Appearance ......... Stab marks also seen on the two vests (one T shirt) deep 1 inch x 1/2 inch Spindle shaped with clotted blood on these two clothes, Pant, Pajama, and Kachha blood tickled down from this wound of right lower chest to pubic (genitals) region, raddish, bright." Anti mortem wounds 1. "Stab wound, on right lower, front chest at 7th rib 1 inch away from sternum/above down ward tailing down, sharp margins spindle shaped." Abdomen Column of liver.... 1 inch x % inch x 3 inch in length x breadth and depth. Stab wound spindle shaped continuation from injury as reflected in external appearance on upper mid surface, pale, clotted 00 cc bipod in the area. Diaphragm also cut adjoining to this area. In the opinion of the Doctor, Sanjeev Kumar died of blood loose shock due to antimortem injury to liver by stab injury. Injury caused to the deceased was sufficient in the ordinary course of nature to cause death immediately. Postmortem report (Ext. PW -13/B) was handed over to PW -11.