Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the appellant and upholding the conviction as recorded by learned Sessions Judge, Patiala. Accused was found guilty of offences punishable under Sections 302, 326 and 324 of the Indian Penal Code, 1860 (in short the IPC) and sentences of life imprisonment and two years and 1 year respectively for the aforesaid offences with default stipulations were imposed.
(2.) Background facts in a nutshell are as follows: Paramjit Singh, (P.W.3), President of village Sarala Kalan, was working at a petrol pump at Ghanaur. At about 9.30 P.M. on November 3, 1994, he heard a Raula that the heap of chaff of Amar Nath of Village Sarala Kalan had caught fire. Hearing this, he, his brother Kishan Singh (hereinafter referred to as the deceased), Satpal (P.W. 4) and accused Sukhdev too reached the spot to help in extinguishing the flames. Immediately after reaching there, Sukhdev made an allegation that this heap had been set on fire by the deceased Kishan Singh. He denied the allegation on which there was a quarrel between the two. Sukhdev then ran inside his house situated closely and brought a knife and caused blows with it to Kishan Singh. Satpal (P.W.4) moved forward to help Kishan Singh but Sukhdev also gave him a knife blow. Savitri Devi (DW.1) wife of accused Sukhdev, then came forward to separate the parties. Sukhdev, however, aimed another blow towards Satpal, but the same hit Savitri Devi instead. Paramjit Singh tried to lift Kishan Singh, who was lying in the pool of blood but Sukhdev also gave him a knife below on his back and then ran away from the spot. The injured were there after removed to Rajendra Hospital, Patiala but shortly before they reached there, Kishan Singh succumbed to his injuries. Satpal and Paramjit Singh were, however, admitted to the hospital for treatment. A message was sent from the hospital to the police station at about 1.20 A.M. on November 4, 1994, on which SI Gobinder Singh (P.W.6) reached the hospital and on inquiry was told by the doctor that Satpal was not fit to make a statement whereas Paramjit Singh was fit to do so. Paramjit Singhs statement, (Ex.P.K.) was accordingly recorded at about 5 A.M. and on its basis, the formal F.I.R. was registered at Police Station, Ghanaur at 6.30 A.M. The special report was delivered to the Illaqa Magistrate at Rajapura at 5.45 P.M. the same day, the police officer also visited the place of occurrence and made the necessary inquiries and also dispatched the dead body for its post-mortem examination. The post mortem was conducted at 12.15 P.M. on November 4, 1994 after the police papers had been received by the doctor 15 minutes earlier. On November 5, 1994 SI Gobinder Singh also went to Civil Hospital, Rajpura on coming to know that Savitri Devi, wife of accused Sukhdev, was lying admitted there but found her unfit to make a statement. Her statement was ultimately recorded on November 7, 1994. Likewise, Satpals statement was recorded on November 8, 1994 after he had been declared fit to give it. Sukhdev accused was arrested on November 12, 1994 and on his disclosure statement, a blood stained knife, the alleged murder weapon was recovered. On the completion of the investigation, the accused was charged for an offence punishable under Section 302 IPC for committing the murder of Kishan Singh and under Section 326 IPC for causing grievous injury to Satpal and further under Section 324 IPC for causing simple injuries to Paramjit Singh and Savitri Devi and as he claimed to be innocent, was brought to trial.
(3.) Placing reliance on the evidence of the eye witnesses Paramjit Singh (PW-3) and Satpal (PW-4) the trial court found the accused guilty of offences, convicted and sentenced him as aforenoted.;