BAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is by Bagga Singh aggrieved against the judgment of conviction and order of sentence dated 03.09.2008 passed by the learned Sessions Judge, Ferozepur, convicting and sentencing the appellant for life imprisonment for the offence punishable under Section 302 and to pay a fine of Rs. 5000/ -. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for a period of one year. The prosecution case was set in motion on the statement of Puran Singh, father of the deceased Sonu made to SI Swaran Singh, Station House Officer, P.S. Zira on 16.03.2008. In his statement (Ex. P4), Puran Singh has stated that today i.e. 16.03.2008 as usual when he along with his brother Balwinder Singh and his son Sonu were standing near the chowk of their house, then at about 7.50 AM Gurmej Singh son of Dial Singh, resident of Village Shah Abukar passed near by them from chowk and went to the house of Bagga Singh son of Baldev Singh, the present appellant. At about 8.00 AM, Bagga Singh armed with a spade (kassi) came from his house and Baldev Singh @ Bhutto armed with takua came from that road, which was leading to village Bhagela Wala from the chowk. On coming, Bagga Singh gave two spade blows to his son Sonu directly with an intention to kill him, which hit on the right side of his neck as a result of which his son fell down and died at the spot. Baldev Singh @ Bhutto armed with takua was standing to stop his son from the front side. On raising alarm, both the accused Bagga Singh and Baldev Singh @ Bhutto fled away to village Bhagel Wala with their respective weapons. He further stated that the murder of his son is on account of the conspiracy of Gurmej Singh son of Dial Singh and that the cause of grudge is that the accused party had suspicion that his son Sonu has an evil eye on Jinder Kaur, sister of Bagga Singh. On the basis of such statement, ruqa was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex. P4/B) was lodged at about 10.30 AM. The special report was received by the Judicial Magistrate 1st Class on the same date at about 2.00 PM.

(2.) THEREAFTER , the police party headed by SI Swaran Singh accompanied Puran Singh and visited the place of occurrence and lifted blood stained earth from the spot, which was taken into possession vide Ex. P5 after converting into sealed parcel. He also prepared rough site plan Ex. P15. After completion of inquest proceedings, he sent the dead body of Sonu to Civil Hospital, Zira for conducting post -mortem examination.

(3.) TO prove its case, the prosecution examined PW -1 Dr. Harpal Singh, who conducted the autopsy on the dead body of Sonu on 16.03.2008 at about 3.10 PM and found the following injuries: