KUMBH DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of sentence dated 19th December, 2003 rendered by the Court of learned Additional Sessions Judge, Sangrur, whereby he convicted and sentenced the appellant Kumbh Dass to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -or in default thereof to further undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code whereas his co -accused Nirmal Dass has been acquitted of the charged offence.

(2.) THE factual matrix of this case is that on 31st July, 2000, Tarsem Lal son of Jagan Nath, resident of village Ghanaur Jattan, Police Station Dirba made a statement Ex.PH before Baljinder Singh ASI in the terms that he is the resident of the address given above and is doing agriculture work. A tilla (elevated land) of Baba Mast Ram (Bansari Wala) exists in their fields known as Tibbiawala Khet in which Kumbh Dass Chela Charan Dass was rendering the services as Sewadar. His Dadaguru Avtar Muni Chela Sambhu Muni Mahant Tilla Dakala (Patiala) had been staying with him for the last so many days. On the night (referring to 30th July, 2000) at about 11.30 PM, he and Gurdial Singh @ Roda son of Bhan Singh, Jheour, resident of Ghanour Jattan were irrigating the paddy crop in the aforementioned fields. They heard shrieks from the side of Tilla. When they saw towards the Tilla, Kumbh Dass, who was holding a Ghop in his hand, was giving beatings to Dadaguru Avtar Muni at the place of Dhunna where an electric bulb was glowing. Within their sight, Kumbh Dass dealt a Ghop blow on the right leg of Avtar Muni, who fell down on the ground. Kumbh Dass wielded his Ghop blow towards Avtar Muni, who raised his right arm toward off the blow, which rested on the wrist of his right arm. They raised alarm of "Na -maro, Na -maro" (Do not kill, Do not kill). Within their view, Kumbh Dass thrusted the pointed edge of his Ghop on the upper lip of Avtar Muni. On alarm being raised by them, Kumbh Dass decamped from the spot with his Ghop. While in injured condition, Avtar Muni narrated to them that Kumbh Dass had been demanding a big Tilla (Dera) from him and on his refusal to do so, beating has been given to him by Kumbh Dass. He (Tarsem Lal) left Gurdial Singh near Avtar Muni and went to Baljinder Singh, President of the village Club and narrated the entire occurrence. After arranging the vehicle, they reached at the Tilla and found that Avtar Muni had succumbed to the injuries. When they were proceeding to the police post to give information, they came across Baljinder Singh ASI, Incharge of the Police Post Sular Gharat on the bridge of Canal Sular Gharat. He made his endorsement, sent the statement to the Police Station, where on its basis, formal FIR was recorded. Thereafter, ASI Baljinder Singh went to the scene of crime, prepared the inquest report, sent the dead body for postmortem examination, lifted the blood stained earth, one bed sheet from the spot, prepared a rough site plan, recorded the statements of Kaka Singh and Jeet Singh and on the basis of their statements, added the offence under Section 120B IPC against Nirmal Dass accused. The clothes which were removed from the dead body were taken into possession on being produced by Constable Kashmira Singh after postmortem examination. On return to the Police Station, he deposited the case property with MHC. He arrested the accused Kumbh Dass on 4th August, 2000 and Nirmal Dass on 21st August, 2000. After completion of investigation, the charge -sheet was laid in the Court of Committing Magistrate.

(3.) IN order to substantiate its allegations, prosecution has examined PW1 Dr.Parmod Kumar, PW2 Constable Balwinder Singh, PW3 Harbans Singh, Patwari Halqa, PW4 Kamaljit Sharma, PW5 Jit Singh, PW6 Kaka Singh, PW7 Gurdial Singh, PW8 Tarsem Lal complainant PW9 HC Bhupinder Singh, PW10 HC Vikramjit Singh, PW11 ASI Baljinder Singh, Investigating Officer and closed its evidence by tendering Ex.PX and Ex.PY reports of the Forensic Science Laboratory. On close of the prosecution evidence, when examined under Section 313 Cr.P.C., accused Kumbh Dass alias Jagir Dass alias Bholla denied all the incriminating circumstances appearing in the prosecution evidence against him. He has come up with the plea that he is innocent and that the case is false and that Tarsem Lal wanted to grab the land of the Dera. His statutory statement was recorded on 1st December, 2003 on which date, his co -accused Nirmal Dass was acquitted by the learned trial Court "by making the observations in the order sheet dated 1st December, 2003 that there is no evidence at all against the accused Nirmal Dass and therefore, recording his statement under Section 313 Cr.P.C. is dispensed with and he is acquitted at this stage. Kumbh Dass examined Mohinder Singh DW1 in defence.