- (1.) The appellant has assailed the judgment of conviction and order of sentence dated 10.03.2007, passed by the learned Additional Sessions Judge, Sonepat, in Sessions Case No. 50 of 2004/2006, emanating from FIR No. 95 dated 05.09.2004, under Section 302 IPC, Police Station Sadar Gohana, whereby, he was convicted for commission of offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default, thereof, to further undergo simple imprisonment for a period of 01 month.
(2.) It is the case of the prosecution that on 05.09.2004 at about 5.00 p.m., Jasbir Singh (complainant) along with Azad Singh had gone to the Dera of Baba Parbha Nath in village Bichpari, in order to offer milk to the deity. When they reached near the Dera, Jai Pal (appellant) was seen giving blows of iron dumble on the head of Baba Rajesh Shami (deceased), who used to look after the affairs of the Dera. When, Jasbir Singh (complainant) and Azad Singh tried to rescue Baba Rajesh Shami (deceased), Jai Pal (appellant) ran away after throwing the dumble at the site. Baba Rajesh Shami (deceased) succumbed to the injuries received by him from the appellant. The left side of his face had been crushed.
(3.) After leaving Azad Singh near the corpse of Baba Rajesh Shami (deceased), Jasbir Singh (complainant) went to the police station to lodge the FIR and on the way to the police station, Randhir Singh ASI along with other police officials met the complainant (Jasbir Singh) at bus stand of village Khandrai, where, the complainant (Jasbir Singh) made statement Ex.PO before Randhir Singh ASI and the latter, made his endorsement Ex.PK on Ex.PO and sent the same to the police station for registration of FIR. Therafter, Randhir Singh ASI along with complainant (Jasbir Singh) and other police officials went to the place of occurrence and lifted the blood stained earth, iron dumble, ropes of cot stained with blood, blood stained bed sheet and blood stained mat. These articles were converted into separate five parcels, which were sealed by Randhir Singh ASI with his seal bearing impression "RS", who later seized those parcels vide recovery memo Ex.PF. He also prepared rough site plan of place of occurrence Ex.PK/1 and also recorded the statements of witnesses. He also conducted the inquest proceedings on the corpse of the deceased (Baba Rajesh Shami) and prepared the inquest report Ex.PK/2, which bears his signature and sent the corpse of the deceased (Baba Rajesh Shami) to the mortuary of Primary Health Centre, Gohana for autopsy.;