- (1.) Appellant Gurdeep Singh @ Geepa has preferred the present appeal against the judgment and order of sentence dated 20.08.2002, passed by the Sessions Judge, Jalandhar, vide which he has been convicted and sentenced to undergo life imprisonment under Section 302 IPC.
(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Kala Singh, which was made to Sub Inspector Rajinder Kumar, SHO, Police Station Mehatpur on 11.11.2000. Complainant Kala Singh is brother of deceased Baldev Singh. Accused Gurdeep Singh @ Geepa is uncle of deceased Baldev Singh and complainant Kala Singh. As per prosecution version, on 10.11.2000, complainant had come to village Bir Baloki to meet his brother Baldev Singh (deceased). His brother Baldev Singh had his turn for watering from the motor in the night time. At about 10:00 p.m., complainant and his brother Baldev Singh had gone to the motor to hand over their meals to Jaswinder Singh and Varinder Kumar, who had gone for watering the fields from the motor. After providing meals, complainant Kala Singh and Baldev Singh sat on the paddy straw near the fodder cutting machine of Gurdeep Singh and remained talking. At about 12:30 a.m. in the night, complainant alongwith Jaswinder Singh and Varinder Kumar went towards the fields. Baldev Singh slept on the paddy straw itself lying near the fodder cutting machine. At about 2:00 a.m. in the night, when they came back after having a round in the light of electric bulb on the motor, they saw Gurdeep Singh was giving blows with spade to his brother Baldev Singh while he was sleeping and within their sight, he gave 4-5 spade blows. On their raising alarm, Gurdeep Singh fled away from the spot alongwith the spade. When they came near Baldev Singh, they found him dead due to spade injuries received on his mouth and left side of his neck. After leaving Jaswinder Singh and Varinder Kumar near the dead body, the complainant came to village and told all the facts to Sarpanch Parkash Chand and then to Balwinder Kaur, wife of Baldev Singh after going to his house. Then after taking Sarpanch and Balwinder Kaur alongwith him, complainant again reached the spot. As it was night and due to fear they remained at the spot. The cause of enmity is that accused Gurdeep Singh had borrowed Rs.10,000/- from Baldev Singh (deceased) and had executed agreement in respect of two kanals of land as a surety. Date of limitation of the agreement was about to expire and accused Gurdeep Singh had not returned the money and suspected that Baldev Singh may not get executed the sale deed in his own name in respect of the said two kanals of land for not making the payment. In the morning, when complainant alongwith Sarpanch Parkash Chand was going to report the matter to Police Station, on the way, police met him and his statement was recorded at 5:45 a.m. on 11.11.2000. Ruqa was sent to the police station on the basis of which FIR was registered at Police Station Shahkot as Mehatpur was temporary police station at that time.
(3.) Police Party alongwith complainant reached the place of occurrence where dead body was lying. Spot was inspected. Blood stained earth was lifted near the dead body and the same was taken into police possession after preparing the sealed parcel. Inquest report was prepared and the dead body was sent for post-mortem examination. PW1 Dr.B.S.Bhogal, conducted the post-mortem examination on the dead body of Baldev Singh on 11.11.2000 at 12:30 p.m. and found the following injuries:- 1. Incised wound, just below the chin, starting from right side and crossing the neck upto middle of neck on left side measuring 17 cm and cutting the underlying muscles, blood vessels, thyroid gland, thyroid cartilage and also cutting the trachea and oeiophagus. Fresh clotted blood was present. 2. An incised wound overlapping the injury No.1 below the chin and extending upto the left ear cutting the underlying muscles, blood vessels and the mandible on left side. Fresh clotted blood was present. 3. An incised wound over the left cheek starting from the middle of upper lip upto the left temporal region measuring 15 cm, cutting the underlying muscles, maxillae on left side, temporal bone on left side and the underlying blood vessels. The meninges were also cut in the temporal region alongwith the temporal region of the brain. Fresh clotted blood was present and the brain tissue was also coming out through the wound. 4. An incised wound starting from the bridge of nose and cutting the left whole eye ball, underlying muscles, blood vessels and the left maxillae. The wound was 14 cm in length, fresh clotted blood was present. 5. An incised wound over the forehead on left side cutting the left eye brow upto the temporal region. The wound was 10 cm long and cutting the underlying muscles, frontal bone and underlying blood vessels. Fresh clotted blood was present. ;