KIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been preferred on behalf of the appellant for assailing the judgment dtd. 28/2/2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 662-DB of 2003, whereby the appeal preferred by the appellant was dismissed, thereby affirming the judgment and order dtd. 26/7/2003 rendered by the learned Additional Sessions Judge (Adhoc), Hoshiarpur, vide which the appellant was convicted and sentenced as below:-

(2.) Sharan Kaur, the first informant(PW-5), wife of Balwinder Singh (deceased) used to reside along with her family members in the house which was situated on the backside of the grocery and halwai shops owned by her husband Balwinder Singh (deceased) at bus stop, Khudda. In the intervening night of 12th/13/11/1997, Balwinder Singh (deceased) went to sleep in chaubara of the house which was not having any shutter, whereas Sharan Kaur (PW-5) along with the other family members slept in a room on the ground floor. It is alleged that Sharan Kaur (PW-5) heard a knock on the door of the room in which she was sleeping at about 2.30 a.m. She thought that it was her husband who had knocked the door and thus she opened the door. In the illumination of light placed in the courtyard, she saw the accused appellant-Kirpal Singh standing there armed with a knife like chura. The appellant inflicted an injury with the weapon on the abdomen of Sharan Kaur (PW-5). Another assailant who was accompanying appellant Kirpal Singh caught hold of her arm. She raised an alarm shouting 'killed killed' ('maar ditta maar ditta'), on which her sons Goldy and Sonu woke up. None of these three persons could identify the other assailant. Both the assailants fled away by opening the main gate, in between the two shops. Sharan Kaur (PW-5) went upstairs to have a look at her husband and found him lying severely injured on the cot with blood oozing out of his mouth and head. Blood pooled on the ground below. He was unable to speak. She called her two sons and sent them to call her brother-in-law Gurnam Singh with a vehicle. Sharan Kaur (PW-5) and Balwinder Singh were taken to the Civil Hospital, Tanda but on the way to the hospital, Balwinder Singh expired. First aid was provided to Sharan Kaur (PW-5), thereafter, she as well as the dead body of Balwinder Singh (deceased) was brought back to their home in the same vehicle and by that time the police had arrived. The prosecution alleges that the motive behind the occurrence was that the appellant and his associate were bearing jealousy on account of the roaring business being done at the halwai shop of Balwinder Singh (deceased), which was doing much better as compared to the halwai shop run by the accused appellant. Swaran Dass(PW-9), SHO, Police Station Dasuya recorded the statement of Sharan Kaur (PW-5) wherein, the above allegations were incorporated and based thereupon, FIR No.126 of 1997 dtd. 13/11/1997 came to be registered at Police Station, Dasuya, District Hoshiarpur for the offences punishable under Ss. 302, 307 IPC read with Sec. 34 of IPC. The said FIR was marked as Exhibit-PG/2, during the course of trial. The Investigating Officer prepared inquest report on the dead body of Balwinder Singh(deceased) and forwarded the dead body to the Civil Hospital, Dasuya for post mortem examination; rough site plan of the crime scene was prepared; bloodstained earth was collected from the spot and was sealed into a parcel. A spade lying at the crime scene was seized, the blade whereof was bloodstained. A ladder was also seized from the crime scene.

(3.) The dead body of Balwinder Singh was subjected to autopsy at the hands of Dr. Naresh Kumar (PW-4), Medical Officer, Civil Hospital, Dasuya on 13/11/1997, who examined the same and took note of the following injuries on the body of the deceased:-