SATNAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 20.8.1994 of the Additional Sessions Judge, Jalandhar vide which Tilak Raj was convicted under Section 302 IPC and Satnam was convicted under Section 302 read with section 34 IPC. Both were sentenced to undergo RI for life and a fine of Rs. 2000/ - each; in default of payment of fine they were further ordered to undergo RI for six months. Both Satnam and Tilak Raj convict - appellants have filed separate appeals No. 408 -DB of 94 and 490 -DB of 1994 respectively. These appeals are being decided together as they arise out of the same judgment/order of the learned Additional Sessions Judge, Jalandhar, dated 20.8.1994. Prosecution story is unfurled by Gurdip Singh son of Milkha Singh, resident of village Fatehpur, Police Station Nurmahal, vide his statement Ex. PB made before Inderjit Singh ASI, Nurmahal, PW.8, on 29.8.92 at 5 AM in Civil Hospital, Jalandhar. Gurdip Singh, PW stated that he was resident of village Fatehpur and was doing cultivation. His uncle (chacha) was working as Medical Practitioner (Hakim) for the last 30 -35 years at village Kot Badal Khan. His name was Battan Singh son of Dasondha Singh, Caste Kamboj, resident of village Fatehpur. On 28.8.92 at about 3.1/2/ 3.3/4 PM, he along with Harjit Singh son of Battan Singh, his uncle had come for some domestic work at Kot Badal Khan and were standing at the Lathe shop (opposite to the shop of his uncle) when Satnam Singh @ Gulli, son of Karam Chand and Tilak Raj @ Telu son of Shish Ram, Adharmi, residents of Nahal came to the shop of his uncle to get medicine. After getting medicine, Satnam Singh and Tilak Raj started quarrelling with his uncle on the question of price of medicine. Satnam @ Gulli raised a lalkara asking Tilak Raj to kill him as to what he was looking for. At that Tilak Raj took out a knife from the pocket of his pant and gave 3 knife blows in their presence to his uncle hitting him in the stomach. On the receipt of which his uncle became injured badly and fell on the ground. He and Harjit Singh rushed towards him to take care of him. Both the accused persons ran away from the spot along with their weapons. Having arranged for conveyance, they took their uncle first of all to civil Hospital, Nurmahal and then to Civil Hospital, Jalandhar where his uncle succumbed to his injuries. Satnam and Tilak Raj had killed his uncle with their common intention. Proceedings be initiated. He heard his statement and thumb -marked it as a token of its correctness. His statement was attested by ASI. On a writing sent by ASI Inderjit Singh, a case was registered by MHC at Police Station Nurmahal on 29.8.92 at 6.10/6.15 AM against the accused under section 302/34 IPC as per DD No. 25/27. Inderjit Singh, ASI, prepared the inquest report Ex.PC and took into possession ruqa Ex. PK sent by Dr. Incharge of R.H.C. Nurmahal. He prepared the injury report and sent the dead body for postmortem examination vide application Ex.PL. After the postmortem examination, the dead body was handed over to Pritam Singh vide receipt Ex. PD. H.C. Raj Pal produced before him one chaddar and one karra worn by the deceased which were taken into possession vide memo. Ex. PP after same were made into parcel. He then proceeded to village Kot Badal Khan and prepared the -rough site plan of the place of occurrence Ex. PQ with correct marginal notes. He then took into possession blood stained earth vide memo. Ex. PR after making the same into a sealed parcel. He recorded the statement of witnesses and searched for the accused but they were not available. He deposited the case property with seals intact with MHC on the same day. On 10.9.92 both the accused were produced before him by Harbans Singh, Member Panchayat. Master Chanan Singh, PW, also met there. He interrogated Tilak Raj, accused, who disclosed that he had kept concealed the knife type churi in a drum meant for preserving wheat in the hind room of his residential house and offered to get the same recovered. He recorded his disclosure statement Ex. PE which was signed by the accused and attested by the witnesses. In pursuance of his disclosure statement he got recovered knife type churi from the specified place. Its rough sketch Ex. PF was prepared. Knife type churi was made into a sealed parcel and taken into possession vide memo. Ex. PG duly attested by the witnesses. Reports Ex. PS and Ex. PS/l received from the Forensic Science Laboratory regarding blood stained earth and the knife type churi were tendered into evidence and human blood was found on the same. He also prepared rough site plan of the place of recovery of Churi Ex. PU.

(2.) BOTH the accused were charged under section 302/34 IPC by the learned Additional Sessions Judge and they were ultimately challaned and the case was committed by the learned Judicial Magistrate to learned Additional Sessions Judge for trial.

(3.) IN order to connect the accused with the offence the prosecution has examined as many as eight witnesses. Affidavit of H.C. Rajpal Ex. PH, and affidavit of Constable Sarwan Singh Ex.PO were tendered into evidence. Harbaris Singh son of Lal Singh, Pritam Singh, Constable Sarabjit Singh, Harbans Singh, Member Panchayat and Constable Harjinder Singh were not examined being unnecessary.