HEMANT GUPTA, J. - (1.) APPELLANT Prince Kumar son of Ravinder Kumar has been convicted for the offences punishable under Sections 302/34 and 307 IPC and sentenced to undergo imprisonment for life and rigorous imprisonment for 10 years respectively, by the learned Additional Sessions Judge, Ferozepur, by judgment and order dated 17.03.2006. The appellant has further been directed to pay a fine of Rs.5000/- under each head. In default, the appellant was directed to undergo further rigorous imprisonment for a period of three months. Both the sentences were ordered to run concurrently.
(2.) THE appellant has challenged his conviction and sentence with the filing of Criminal Appeal No.337-DB of 2006, while the complainant Ganesh Chander son of Bhajan Lal, cousin of the deceased, has filed Criminal Revision No.1871 of 2006 seeking setting aside of judgment and order dated 17.03.2006. Both the cases have been taken up for decision together by this common order. The prosecution case was set in motion on the statement of Ganesh Chander son of Bhajan Lal made to ASI Banta Singh, P.S.Khuian Sarwar at about 2.00 PM on 20.10.1997. In his statement (Ex.PC), Ganesh Chander stated that on 20.10.1997 at about 8.30/8.45 am, he was standing in front of the gate of his house in village Telupura, when Malkiat Kumar son of Pirthi Raj and Jagdish son of Kundan Lal, resident of Khuian Sarwar came on the turning of Village Telupura, for going to college. In the meantime, a Janta Transport bus, the route of which was from Haripura to Abohar via Khuian Sarwar, stopped on the turning of Telupura. Golu son of Takhur Ram resident of Haripura armed with knife; Prince Kumar son of Ravinder Kumar Bishnoi, resident of Haripura armed with knife; Raju son of Mohinder Singh, resident of Khuian Sarwar armed with Soti; and 5/6 more boys armed with soties, chain, knife and empty handed alighted from the bus. All of them exhorted that today Malkiat Kumar and Jagdish Kumar should be taught a lesson for stopping them from eveteasing.
(3.) HE further stated that within his sight, two boys caught hold of Malkiat Singh and Golu gave knife blow to Malkiat Singh hitting him on the left flank of chest. Two other boys caught hold of Jagdish and Prince Kumar gave a knife blow hitting him on the outer side of left flank. In the meantime, Ranjit Kumar son of Pirthi Raj Kamboj, resident of Khuian Sarwar, who was going towards the fields, saw the fight and tried to separate boys, then Raju gave him a soti blow, which hit him on his head. At that time, Bagmal Master son of Sunder Ram Kamboj, resident of Khuisan Sarwar also came to the spot and witnessed the entire occurrence. On raising alarm by them, all the accused persons fled away from the spot with their respective weapons. HE further stated that when he and Khushhal Chand son of Lakha Ram Kamboj, resident of Khuian Sarwar were going to Civil Hospital, Abohar in a jeep taking Malkiat and Jagdish in an injured condition, after crossing the petrol pump of Khuian Sarwar, Malkiat Kumar died, but still they took them to the hospital. On reaching hospital, the Doctor declared Malkiat as dead, whereas Khushal Chand got admitted Jagdish Kumar. HE further stated that after leaving Khushal Chand to guard the dead body of Malkiat Kumar, he was going to Police Station to lodge a report, but ASI Banta Singh met him near the bus stand Khuian Sarwar and recorded his statement. On the basis of such statement, ruqa (Ex.PC/1) was sent to the police station for registration of an FIR. On receipt of ruqa, an FIR (Ex.PC/2) was lodged at about 2.25 pm. The special report was received by the learned Duty Magistrate at 4.30 pm. Thereafter, ASI Banta Singh the Investigating Officer went to the Civil Hospital and prepared inquest report Ex.PD in respect of the dead body of Malkiat and sent the same for post-mortem. On the identification of Ganesh Chander, ASI Banta Singh arrested accused Prince, Ajay, Kavish and other co-accused, when they were standing at bypass.;