SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Sessions Judge whereby appellant has been convicted of offence of murder, under Section 302, I. P. C., and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months.

(2.) Appellant's grievance is that the evidence on record does not prove the charge of murder, but the trial Court has mis-appreciated and misconstrued the evidence. In the alternative his plea is that it is not a case of murder but a case of culpable homicide not amounting to murder, punishable under second part of Section 304, I. P. C.

(3.) Appellant was charged with and tried for an offence under Section 302, I. P. C. on the allegations that on 8-10-2001 at about 7.30 p.m., he stabbed deceased Kartar Chand in the abdomen, as a result of which he died on 10-10-2001. The prosecution version may be summarized thus. On 8-10-2001, PW 3 Bipin Kumar and his cousin Deep Kumar alias Kuldeep Kumar PW-4 were going towards their house. When they were passing in front of the shop of one Rakesh, appellant Sanjay Kumar, hereinafter called accused, accompanied by his brother Parveen Kumar (PW 1) picked a quarrel with them and then engaged them in a fight. In the meanwhile, deceased Kartar Chand came from behind in taxi-jeep on which he was employed as conductor. Deceased Kartar Chand alighted from the taxijeep and intervened in a bid to disentangle the fighting persons. Accused then took out a knife and dealt a blow in the abdomen of Kartar Chand, as a result of which Kartar Chand's intestine came out. Accused and his brother DW-1 Parveen Kumar disappeared from the scene immediately after inflicting the stab injury. Deceased was taken to Health Centre at Nagrota Bagwan where his wound was stitched. Doctor informed the Police telephonically that a man having sustained stab wound in a fight had been brought to the Primary Health Centre. That information was entered in the Rojnamcha (Daily Diary). PW-11 ASI Dalbir Kumar rushed to the Primary Health Centre. After ascertaining from the doctor, in writing, that the deceased was conscious and fit to make statement, he recorded his statement, under Section 154, Cr. P. C. (Ex. PW-3/A). The deceased stated that he had been given stab wound by the accused when he tried to rescue PW-3 Bipin Kumar and PW-4 Kuldeep Kumar from the clutches of the accused and his brother Parveen Kumar. Kartar Chand, after the stitching of his wound, was referred to Zonal Hospital Dharamshala for further treatment. There he died on 10-10-2001 at 4.45 p.m. After the death of Kartar Chand, the case, which was initially registered under Section 324, I. P. C., was converted into one under Section 302, I. P. C. Postmortem examination of the dead body was got conducted. Before that the medico legal examination of the deceased was conducted at Primary Health Centre, Nagrota Bagwan on 8-10-2001, soon after his having been taken to that Centre. A stab wound was noticed in the course of the medical examination on the left side of paraumbilical region which was 3 cm in length. The wound was opined to have been caused with some sharp edged weapon. The doctor, who conducted the postmortem examination, gave the opinion that the cause of death was asphyxia septicemic shock and peritonitis due to ante mortem abdominal stab injury. The doctor also opined that the injury was sufficient in the ordinary course of nature to cause death. During the course of investigation, accused allegedly produced the knife (sketch of which is Ex. PW-4/B) with which the injury was caused.