Hemant Gupta, J. - (1.) THE present appeal is by Om Parkash against the judgment of conviction dated 05.03.2002 and order of sentence dated 07.03.2002 passed by the learned Sessions Judge, Karnal, convicting and sentencing the Appellant for life imprisonment for the offence punishable under Section 302 and to pay a fine of Rs. 20,000/ -. In default of payment of fine, the Appellant was directed to undergo further rigorous imprisonment for a period of two years. The Appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 25 of the Arms Act, 1959. Both the sentences were ordered to run concurrently.
(2.) THE prosecution case was set in motion on the statement of Mai Chand son of Sunder Lal, a neighbourer of the deceased Banarsi and Bal Kishan, both sons of Bhulla Ram, residents of Village Mehmadpur made to SI Karta Ram at about 2.30 AM on 30.08.2000. In his statement (Ex.PA), Mai Chand has stated that he is resident of Village Mehmadpur and is doing the work of cultivation. On the night of 29/30.08.2000 at about 12 mid -night, he was sleeping in his house. On hearing the noise from the side of the house of Bal Kishan son of Bhulla Ram, he along with Ram Kishan, brother of Bal Kishan reached the house of Bal Kishan and saw that Bal Kishan was lying smeared with blood on the cot placed in the verandah constructed in front of the house. He has suffered fire shot injury in his stomach. He further stated that Bala Devi wife of Bal Kishan told them that Om Parkash @ Pappu son of Gaze Singh, who has left the village many years ago, had come and fired a shot from his pistol in the stomach of her husband Bal Kishan, while he was sleeping. Electric bulb was on in the verandah. She tried to catch Pappu, but he escaped by scaling over the wall after separating himself along with the pistol. He further stated that after arranging a Maruti Car of Vinod Sharma, a resident of the Village, Ram Kishan, Bala Devi and some other villagers took Bal Kishan to Karnal Hospital. Thereafter, he along with Ami Lal, Chowkidar, went to the house of Banarsi, brother of Bal Kishan, where he (Banarsi) was also found lying dead in the verandah because of fire arm injury in the chest and that the sufficient blood had oozed. He further stated that he has a suspicion that Pappu has murdered Banarsi by firing a shot before murdering Bal Kishan, as Pappu was nursing a grudge because Bal Kishan and Banarsi had purchased agricultural land of Pappu and his brother Sahab Singh about 7 -8 years ago. On the basis of such statement, FIR (Ex.PA/1) was lodged at 2.40 AM and the special report was delivered by Head Constable Kuldeep Singh to the Illaqa Magistrate at 3.45 AM. Thereafter, the police party headed by SI Karta Ram accompanied Mai Chand to the place of occurrence i.e. the house of deceased Banarsi and got photographed the scene of occurrence by Sandeep, Photographer. SI Karta Ram also prepared a rough site plan (Ex.PT) of the place of occurrence. He also lifted one empty of 12 bore as well as blood stained earth from the place of occurrence, which were taken into possession after converting into separate sealed parcels. Thereafter, he sent the dead body of Banarsi to Government Hospital, Karnal for post -mortem examination. The police party also visited the second place of occurrence i.e. the house of Bal Kishan, from where also SI Karta Ram lifted one empty of 12 bore and taken into possession after converting into sealed parcel. Constable Ran Singh produced before him (SI Karta Ram) two sealed parcels containing pellets and blood stained dhotirespectively as well as post -mortem report handed over to him by the Medical Officer after conducting post -mortem examination on the dead body of Banarsi. On 30.08.2000 itself, SI Karta Ram handed over the investigations of the case to Inspector Subhash Chander in pursuance of the directions of the Superintendent of Police, Karnal.
(3.) ON 30.08.2000, ASI Azad Singh, who partly conducted the investigations, went to PGIMS, Rohtak and moved an application Ex.PN before the Medical Officer to ascertain whether the injured Bal Kishan was fit to make a statement, upon which Medical Officer vide his opinion Ex.PN/1 at about 8.20 pm has opined that he (Bal Kishan) was not fit to make a statement. ASI Azad Singh again visited PGIMS, Rohtak on 01.09.2000 and moved another application Ex.PO, on which the Medical Officer gave his opinion Ex.PO/1 to the effect that the injured Bal Kishan was fit to make statement. Thereafter, he recorded the statement of injured Bal Kishan (Ex.PQ) under Section 161 Code of Criminal Procedure;