M. Jeyapaul, J. - (1.) THE sole accused Manmohan Kumar @ Manu, who was convicted for an offence under Section 302 of the Indian Penal Code (in short 'IPC') and was sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/ -, and in default, to undergo further period of two months rigorous imprisonment, has preferred Crl. Appeal No. 1079 -DB of 2007. In the very same case, three other accused, namely, Manish Kumar @ Phirki, Sandip Kumar @ Ghora, and Bhim Sen @ Prema were acquitted by the trial Court. Therefore, the State of Punjab, aggrieved by the order of acquittal passed by the trial Court, has preferred Crl. Appeal No. 494 -DB of 2008. The complainant Rajesh Mahajan has also preferred Crl. Revision No. 1109 of 2008, aggrieved by the order of acquittal passed by the trial Court as against the aforesaid three accused.
(2.) P .W. 6 Rajesh Mahajan, who was none other than the brother of the deceased Raj Kumar, lodged a complaint Ex. PE with P.W. 8 SI Natha Singh. The brief text of the complaint is as follows: The deceased Raj Kumar Mahajan was his elder brother and Raj Rani was his sister. Raj Kumar Mahajan was running a ready made cloth shop in Landa Bazar, Amritsar, opposite Railway Station. He had already divorced his first wife Babli. He got a son and a daughter through her. Both the children of Raj Kumar Mahajan resided with his sister Raj Rani, resident of Gali Masitwali, Islamabad, Amritsar. Raj Kumar Mahajan used to visit the house of Raj Rani. Raj Kumar got married with one Aarti about one year prior to the occurrence. She also left for her parental home having picked up a quarrel with Raj Kumar. At about 1:00 A.M. on 9.10.2003, Neeru, the daughter of Raj Rani (P.W. 1) came to his house and informed him that some unknown persons killed Raj Kumar by stabbing him in his chest in the street in front of her house. He proceeded to the place of occurrence and found the dead body of his brother Raj Kumar lying in the street in a pool of blood. His sister Raj Rani, nephew Rahul and Ex -Councillor Kailash were present near the dead body. He inquired as to how the occurrence took place. He was informed that nobody knew about the occurrence. But there was a quarrel between his brother Raj Kumar and Manu, Prema, Firki, and Ghora, who also worked at Landa Bazar. The above boys have killed his brother Raj Kumar by stabbing him due to old enmity. He was confident that the occurrence was only committed by them or by the family member of his brother's wife. b) Based on the aforesaid complaint given by P.W. 6 Rajesh Mahajan P.W. 8 SI Natha Singh attached to Islamabad police station, Amritsar, sent ruqua for registration of the case. ASI Savinder Singh registered formal First Information Report Ex. PC. P.W. 8 proceeded to the scene of occurrence and got the dead body identified by Rajesh Mahajan (P.W. 6), Raj Rani (P.W. 1), and Rahul son of the said Raj Rani. P.W. 8 collected the blood stained earth from the spot and converted the same into a parcel and sealed the same. He prepared inquest report Ex. PQ. He also drew rough sketch Ex. PR. He recorded the statement of witnesses and sent the dead body for post mortem examination. P.W. 2 Dr. Shilekh Mittal conducted post mortem examination on the dead body of Raj Kumar on 9.10.2003. at about 12:40 P.M. He found the following injuries on the dead body of Raj Kumar: 1) An elptical shaped incised stab wound 1.5 x 08 cms vertically placed just above the suprasternal notch. Clotted blood was present and muscle deep. 2) An elptical shaped incised stab wound 3 x 1 cms was present on the right side of the chest, obliquely placed, 6 cms above and medial to nipple at 1 O' clock position. Clotted blood was present. 3) An elptical shaped incised stab wound 3 x 1 cms was present on the right side of the chest, obliquely placed, 6 cms above and medial to right nipple at 2 O' clock position. Clotted blood was present. 4) An elptical shaped incised stab wound 3 x 1 cms was present on the right side of chest, obliquely placed 5.5 cms medial to nipple at 3 O' clock position. Clotted blood was present. 5) An elptical shaped incised stab wound 2.5 x 2 cms was present on the right anterior axillary line 8.5 cms below tip of axilla transversely placed. Clotted blood was present. 6) An elptical shaped incised stab wound 3 x 1 cms was present on the right lateral side of chest, 3 cms below injury No. 5. Clotted blood was present, obliquely placed. 7) An elptical shaped incised stab wound 3 x 2 cms was present on the right lateral side of chest, 6 cms below injury No. 6 obliquely placed. Clotted blood was present. 8) An elptical shaped incised stab wound 3 x 1 cms was present on the lateral aspect of chest, 1 cm below injury No. 7, obliquely placed. Clotted blood was present. 9) An elptical shaped incised stab wound 3 x 01 cms was present on the right lateral aspect of chest, 0.5 cms below injury No. 8, obliquely placed. Clotted blood was present. 10) An elptical shaped incised stab wound 3 x 1 cms was present on the right side of chest 0.4 cm below injury No. 9, obliquely placed. Clotted blood was present. 11) An elptical shaped incised stab wound 3 x 1 cms was present on the right side of lower chest, 1.2 cm below injury No. 10 transversely placed. Clotted blood was present. 12) An elptical shaped incised stab wound 3 x 1.5 cms was present on the right side of abdomen in hypochondrium region 1.5 cm below and lateral to injury No. 11 transversely placed. Clotted blood was present. 13) An elptical shaped incised stab wound 3 x 1 cm was present on the right side of abdomen in hypochondrium region 0.3 cm below injury No. 12, transversely placed. Clotted blood was present. 14) An elptical shaped incised stab wound 3 x 1.2 cm was present on the right side of abdomen in hypochondrium region 1.5 cm below injury No. 13. Obliquely placed. Clotted blood was present. 15) An elptical shaped incised stab wound 3 x 1 cm was present on the right side of abdomen in hypochondrium region 1.5 cm below injury No. 14. Obliquely placed. Clotted blood was present. 16) An elptical shaped incised stab wound 3 x 1.5 cm was present on the right side of abdomen in hypochondrium region 3 cms below and medial to injury No. 11. Obliquely placed. Clotted blood was present. 17) An elptical shaped incised stab wound 3 x 1cm was present on the right side of abdomen in hypochondrium region 2 cm below injury No. 16. Obliquely placed. Clotted blood was present. 18) An elptical shaped incised stab wound 3 x 1cm was present on the right side of abdomen 1.5 cm medial to injury No. 15. Obliquely placed. Clotted blood was present. 19) An elptical shaped incised stab wound 3 x 1cm was present on the front of right side of abdomen 11 cm above and lateral of umblicus at 11 O' clock position. Obliquely placed. Clotted blood was present. 20) An elptical shaped incised stab wound 3 x 1cm was present on the front of right side of abdomen, 1 cm lateral to injury No. 19. Obliquely placed. Clotted blood was present. 21) An elptical shaped incised stab wound 3 x 1cm was present on the right side of abdomen 1 cm below injury No. 20. Obliquely placed. Clotted blood was present. 22) An elptical shaped incised stab wound 3 x 1cm was present on the right side of abdomen 8 cm above and lateral to umblicus at 10 O' clock position. Obliquely placed. Clotted blood was present. 23) An elptical shaped incised stab wound 3 x 1cm was present on the abdomen 0.8 cm below injury No. 22. Obliquely placed. Clotted blood was present. 24) An elptical shaped incised stab wound 4 x 1cm was present on right side of abdomen 4 cm above umblicus at 12 O' clock position. Obliquely placed. Clotted blood was present. 25) An elptical shaped incised stab wound 1 x 0.4 cm was present on the front of right side of abdomen in right iliac region 6 cm above and medial to anterior superior iliac spine at 2 O' clock position. Obliquely placed. Clotted blood was present. 26) An incised wound 4 x 1cm was present on the back of left side of forearm. 1 cm above wrist. Obliquely placed. Clotted blood was present. 27) An incised wound 2 x 0.5 cm was present on the back of left forearm. 0.2 cm above injury No. 6. Obliquely placed. Clotted blood was present. 28) An incised wound 1 x 0.2 cm was present on the left side of neck 1.5 cm below left angle of mandible. Obliquely placed. Clotted blood was present. 29) An incised wound 1.2 x 0.2 cm was present on the left side of neck 0.5 cm below injury No. 20. Obliquely placed. Clotted blood was present. 30) An incised wound 1 x 0.4 cm was present on the left side of neck 0.2 cm lateral to injury No. 29. Obliquely placed. Clotted blood was present. 31) An incised wound 1 x 0.3 cm was present on the left side of neck 0.2 cm below injury No. 30. Obliquely placed. Clotted blood was present. 32) An incised wound 1 x 0.3 cm was present on the left side of neck 1.7 cm below injury No. 29. Obliquely placed. Clotted blood was present. 33) An incised wound 0.5 x 0.2 cm was present on the left side of neck 0.5 cm lateral to injury No. 32. Obliquely placed. Clotted blood was present. 34) An incised wound 1 x 0.5 cm was present on the left lateral side of the neck 3 cm below and posterior to left angle of mandible. Obliquely placed. Clotted blood was present. 35) An incised wound 1 x 0.2 cm was present on the back of left forearm. 8 cm below elbow prominenes. Obliquely placed. Clotted blood was present. 36) An incised wound 4 x 2 cm was present on the front of right forearm 10 cm proximal to wrist. Obliquely placed. Clotted blood was present. 37) An incised wound 1.8 x 4 cm was present on the back of the neck. 2 cm below posterior hairline. Obliquely placed. Clotted blood was present. 38) An incised wound 3 x 1cm was present on the back of neck 2 cm below posterior hair line. Obliquely placed. Clotted blood was present. 39) An incised wound 0.8 x 0.3 cm was present on the back of neck 5.5 cm below posterior hair line. Obliquely placed. Clotted blood was present. 40) An incised wound 2.1 cm was present on the back of neck and head on the posterior hair line. Obliquely placed. Clotted blood was present. 41) 3 x 1.5 cm incised wound was present on the back of neck and head on the posterior hair line, obliquely placed 2 cm towards right from injury No. 40. Clotted blood was present. 42) An incised wound 3 x 0.5 cm was present on the back of neck and head on posterior hair line 0.2 cm towards right from injury No. 41 obliquely placed, clotted blood was present. 43) A reddish brown abrasion 1.5 x 0.5 cm was present on the left side of forehead 1 cm above left eye brow. 44) A reddish brown abrasion 1 x 0.3 cm was present on the left side of forehead 1.5 cm above injury No. 43. 45) A reddish brown abrasion 1 x 0.5 cm was present on the left side of forehead 1 cm medial to injury No. 44. 46) A reddish brown abrasion 1 x 0.3 cm was present on the left side of forehead 2 cm above and medial to injury No. 45. All the injuries were found to be ante mortem in nature. He opined that the deceased had died due to hemorrhage and shock on account of the impact of the injuries No. 2, 3, 7, 8, 9, 10, 4, 12, 13, 14, 15, and 18, which was sufficient to cause death in the ordinary course of nature. The death would have occurred within 12 hours prior to the post mortem examination. c) On 9.10.2003 itself, P.W. 8 arrested both the accused, i.e., Manmohan Kumar @ Manu and Manish Kumar @ Phirki. The houses of both the accused were raided and their wearing apparels, namely, shirts and vests were recovered under memo Ex. PX. On the same day, the wearing apparels found on the dead body were produced by Head Constable Balwant Singh (P.W. 7). d) On 10.10.2003, P.W. 8 recorded the statement of witnesses. He produced those accused in the Court and obtained their police custody. On 11.10.2003, he separately interrogated accused Manmohan Kumar @ Manu and accused Manish Kumar @ Phirki and recorded their discovery statements Ex. PJ and Ex. PK. The daggers from the bushes identified by those two accused, based on their discovery statements, were recovered under relevant memo Ex. PM. During investigation, he made inquiries from the shopkeeper Kamal Sood (P.W. 3). His shop was identified by those accused. The statement of Kamal Sood (P.W. 3) was recorded by P.W. 8. P.W. 11 Ms. Ranjit Kaur, JMIC, Mansa, based on the application moved by the police recorded the statement of P.W.1 Raj Rani (Ex. PZ/2) under Section 164 Code of Criminal Procedure P.W. 8 having completed investigation laid the challan as against the accused. The accused responding to the incriminating portion spoken to by the witnesses examined on the side of the prosecution stated that they were innocent. But, unfortunately they were falsely implicated in this case. b) On the side of defence, D.W. 1 Kewal Krishan was examined. He has deposed that the accused Sandip Kumar @ Ghora infact attended the dinner hosted by him on 8/9.10.2003. The function lasted upto 0030 A.M. on 9.10.2003. Infact Sandip Kumar @ Ghora spent his night in the house of D.W. 1 Kewal Krishan. c) D.W. 2 Mohinder Pal Gupta was the Press Reporter of Hind Samachar Group of Newspapers published in Jalandhar. Having visited the spot, he published the news item Ex. D.W. 2/A on 10.10.2003. d) D.W. 3 ASI Swaran Singh has deposed that he having recorded the statement of Kewal Krishan, Vijay Gora and Rajinder Singh came to a conclusion that Sandip Kumar @ Ghora and Bhim Sen @ Prema were innocent. e) D.W. 4 DSP Amarjit Singh has deposed before the trial Court that the report submitted by D.W. 3 was verified by him, but he had not submitted a separate report.
(3.) THE trial Court totally disbelieved the ocular testimony of P.W. 1 (Raj Rani). The trial Court having relied upon the previous enmity spoken to by the witnesses, recovery of blood stained clothes and daggers at the instance of accused recorded conviction as against the Appellant.;