- (1.) This appeal has been filed by Sukhdev Singh, s/o Mehar Singh, r/o Village Dialpura Mirza, Bathinda against the judgment dated 06.08.2007 passed by the learned Sessions Judge, Bathinda whereby the accused has been convicted for an offence under Section 302 of the Indian Penal Code (for short "the IPC") as also against the order of sentence of even date whereby he has been sentenced to undergo imprisonment for life besides pay a fine of Rs.10,000/- and in default of which, to undergo rigorous imprisonment for six months.
(2.) The brief story is that FIR No.31 dated 22.03.2006 was registered at Police Station Dialpura on the statement of Satnam Singh (PW-1) s/o Surjan Singh, r/o Village Dialpura Mirza, Bathinda and son of the deceased Surjit Kaur. The FIR was initially registered under Section 307 IPC on 22.03.2006 which was converted under Section 302 IPC on the death of Surjit Kaur. The prosecution case in short is that on 21.03.2006, complainant Satnam Singh and his mother Surjit Kaur had gone to see off Jasvir Singh, his brother-in-law and Amrik Singh a friend of Jasvir Singh at about 8.30 PM in the street outside the house. While they were returning back home, accused Sukhdev Singh came from his house in the neighbourhood armed with a kahi (spade). He gave a spade blow on the left side of the head of Surjit Kaur and raised a lalkara that he was taking revenge for injuries inflicted upon him by Surjan Singh husband of deceased Surjit Kaur and father of complainant Satnam Singh following a dispute of path as both complainant and the accused were neighbours. That incident was said to have taken place a year before the occurrence.
(3.) Occurrence was at the front of the house of the deceased. On infliction of the first blow, Surjit Kaur fell to the ground and Sukhdev Singh gave another blow on the left side of the head of Surjit Kaur. Complainant Satnam Singh and his sister Baljit Kaur raised an alarm. The accused fled away from the spot with the spade. It is said that neighbours gathered at the house of the deceased. Injured Surjit Kaur was taken to Civil Dispensary, Bhagta for treatment, from where she was referred to Civil Hospital, Bathinda. The condition of Surjit Kaur was found serious enough for advise of removal to Adesh Hospital, Bathinda where Surjit Kaur spent the night under treatment and where from she was shifted to PGI, Chandigarh. Surjit Kaur died in the PGI battling for life on 31.03.2006. Sukhdev Singh accused was arrested on 26.03.2006. It is said that when Surjit Kaur was to be taken to PGI, Chandigarh for treatment then complainant Satnam Singh went back to the village to arrange money for treatment and at Bhagta crossing, he met with the police and got recorded his statement Ex.PA. The statement of the complainant was recorded at about 3 PM. ASI Beant Singh formally recorded the FIR at 5.55 PM and special report was sent at 8.30 PM to the Illaqa Magistrate etc. During investigation that followed the arrest of the accused Sukhdev Singh the accused suffered a disclosure statement (Ex.PD) that the offending spade had been concealed by him near his house in a heap of manure. This disclosure led to the recovery of the weapon of offence. On completion of the investigation, the final report under section 173 of the Code of Criminal Procedure was put in against the accused for commission of offence under Section 302 IPC. The charge was framed. The trial proceeded and the prosecution examined two key witnesses i.e. Satnam Singh (PW-1) and Baljit Kaur (PW-2) as eyewitnesses to the occurrence besides ASI, Mukhtiar Singh (PW-3), Dr. Ruchi Gupta (PW-4), Dr. Ajay Dhawan (PW-5), Sukhvinder Pal Singh (PW-6), ASI, Beant Singh (PW-7) and Baljinder Singh (PW-8). Dr. Ruchi Gupta (PW-4) who conducted the autopsy and Dr. Ajay Dhawan (PW-5) who attended the deceased were PGI doctors.;