- (1.) Sole accused Kehar Singh @ Kehru was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.2000/- and in default to undergo a further period of 6 months R.I.
(2.) The brief case of the prosecution is as follows: a) PW8 Lakhan Kumar was the son of Katori Devi. He resided alongwith his four brothers and his mother Katori Devi in a rental house of Dr.Mohan Lal Kalyani of Raman Mandi. PW9 Ram Kumar was his uncle. Accused Kehar Singh @ Kehru was his neighbour residing in the house of one Nooran Mahant as a tenant. The accused was on visiting terms with the family of PW8. Accused wanted to forcibly keep deceased Katori Devi, mother of PW8. Katori Devi refused for such act of the accused. b) On 12.7.2005, at about 12.30 p.m., when he was present alongwith his mother in the house, he heard a noise raised by his mother Katori Devi. He came out of the house and found to his surprise that accused Kehar Singh was inflicting injuries on the abdomen and chest of Katori Devi with a small kirpan. He stepped forward and raised noise to rescue his mother. In the meantime, PW9 Ram Kumar, uncle of PW8 also reached the spot. Preventing both of them, the accused inflicted injuries on the chest, abdomen, right arm and neck of Katori Devi with the weapon (kirpan), as a result of which Katori Devi fell down. Accused fled away from the scene alongwith the weapon of offence. PW8 and PW9 took Katori Devi to the Civil Hospital, Raman Mandi for treatment. First aid was given to her by the Doctor at Raman Mandi. Thereafter, she was referred to Civil Hospital, Bhatinda for further treatment. c) PW6 HC Gurpal Singh has spoken to the fact that on 12.7.2005, he infact received information from Civil Hospital, Raman Mandi. He made an attempt to obtain the fitness certificate of injured Katori Devi, but the Doctor declared her unfit to make statement vide endorsement Ex.PL/1. Thereafter, he proceeded to the Civil Hospital, Bathinda on 13.7.2005 for obtaining the fitness certificate of injured Katori Devi. The Doctor in the Civil Hospital, Bathinda also declared her unfit to make statement vide endorsement Ex.PB/1. d) PW5 Dr.Gurjit Singh, Medical Officer attached to Civil Hospital, Raman Mandi has deposed that Katori Devi was admitted to Civil Hospital, Raman Mandi on 12.7.2005 for treatment. She was given first aid and thereafter she was referred to Civil Hospital, Bathinda. He made endorsement Ex.PL/1 that patient was unfit to make her statement on 12.7.2005 at 2.05 p.m. e) PW1 Dr.K.S.Brar, Medical Officer attached to the Civil Hospital, Bathinda speaks to the fact that Katori Devi who was admitted to the said hospital on 12.7.2005 at 10.00 p.m. took treatment over there. He also certified vide Ex.PB/1 Katori Devi was unfit to make any statement on 13.7.2005 at about 10.15 a.m. f) On 13.5.2005. at about 12.15 p.m., PW8 gave statement describing the above occurrence to PW7 ASI Jurgraj Singh in Civil Hospital, Bhatinda. Based on the statement (Ex.PO) given by PW8, a formal FIR (Ex.PO/2) was registered by ASI Paramjit Singh. g) PW11 SI Malkiat Singh took up the case for investigation on 13.7.2005. He proceeded to Civil Hospital, Bathinda and prepared inquest report (Ex.PG). Thereafter, he proceeded to the house of accused where he was found not present. He visited the scene of crime and prepared rough site plan (Ex.PZ). He recorded the statement of the witnesses. h) PW2 Dr.Sushil Gupta, Medical Officer attached to the Civil Hospital, Bathinda medico-legally examined Katori Devi and found the following injuries on her person:- Injury No.1: Incised wound of 1 cm x cm, muscle deep at the middle of left side of the neck. Advised surgical opinion. 2) Incised wound of 1 cm x cm, muscle deep at the left breast, at the upper end inner aspect. Advised surgical opinion. 3) Incised wound of 1 cm x cm, muscle deep situated at the upper and middle of the chest. Advised surgical opinion. 4) Incised wound of 2 x half cm, muscle deep situated at the right fore-arm at the back side. Advised surgical opinion. 5) Stabe incised wound of 2 cm x 1 cm muscle deep, at the right lateral abdomen. Advised surgical opinion. 6) Stabe incised wound of 2 cm x 1 cm muscle deep, at the middle and lateral right side of abdomen. Advised surgical opinion. 7) Stabe incised wound of 2 cm x 1 cm muscle deep, situated at the right lower abdomen. Advised surgical opinion. 8) Stabe incised wound of 1 x half cm muscle deep, at the right lower abdomen. Advised surgical opinion. 9) Stabe incised wound of 1 x half cm muscle deep, at the middle of the abdomen at the left side. Advised surgical opinion. 10) Incised wound of 1 x half cm into bone deep at the middle of the sternum. Advised surgical opinion. i) PW1 Dr.K.S. Brar speaks to the death of Katori Devi in Civil Hospital, Bathinda on 13.7.2005 at 1.30 p.m. He sent intimation (Ex.PA) to the Station House Officer, Police Station Civil Line, Bathinda. Thereafter, the case was altered into one under Section 302 IPC. The following injuries on the person of Katori Devi were noted down by PW3 who conducted post mortem examination: 1. Incised wound of 1 x cm into muscle deep present on inner and upper aspect of left breast. Clotted blood was present. 2. Incised wound of 1 x cm, muscle deep situated at the upper middle chest on left side. Clotted blood was present. 3. Incised wound of 2 cm x half cm present on right fore arm near elbow joint. Clotted blood present. 4. Incised wound 1 cm x cm present at middle of left side of neck. Clotted blood present. 5. Incised wound 1 x half cm. present at middle of sternum. Clotted blood was present. 6. Incised stabe wound 2 and half x half cm present on right side of abdomen, near and just lower to umbilicus. Clotted blood was present. 7. Stabe wound two and half x one cm at the middle and right lateral part of abdomen. Clotted blood was present. 8. Stabe incised wound of two and half x one cm present on right lower abdomen. Clotted blood was present. 9. Stabe incised wound of 1 cm x half cm at the left lower lateral abdomen. Clotted blood was present. 10. Stabe incised wound of 1 cm x half cm present near the mid-line of sternum on left side. Clotted blood was present. j) PW3 opined that cause of death of Katori Devi was due to shock and haemorrhage on account of the injuries found on her person. All these injuries were certified as ante mortem in nature and were sufficient to cause death in the ordinary course. k) On 14.7.2005, PW11 arrested the accused on identification by PW9 Ram Kumar near the bus stop of Tarkhan Wala. On interrogation, the accused disclosed that he had kept concealed one small kirpan under the fire woods lying in his residential house. Based on the disclosure statement (Ex.PR) given by the accused in the presence of PW9, the recovery of small kirpan was effected under recovery memo (Ex.PT). The blood stained clothes of the accused were also recovered from his person under recovery memo Ex.PU. The case properties were deposited with MHC Dharamvir Singh. PW11 having completed the investigation laid final report as against the accused.
(3.) Responding to the incriminating circumstances brought to the notice of the accused, he stated that he was falsely implicated in this case at the instance of PW9 Ram Kumar who was inimical towards him. All the documents produced by the prosecution were prepared at the police station. No statement was recorded from him. The small kirpan was infact planted upon him.;