SURINDER SINGH,J. - (1.) SUCHA Singh aged 33 years, as a result of his trial, was convicted by the Sessions Judge, Ludhiana, under section, 302 Indian Penal Code, and was sentenced to imprisonment for life. He has appealed.
(2.) THE incident in question took place at about 11 p.m. on August 5, 1982. Kulwant Singh (PW 7), his brother Joginder Singh (Deceased), Puran Singh (PW 3) and Mohinder Singh were talking to each other in the Chowk in their locality under an electric light. Being summer time, Joginder Singh was wearing only a kachha. Sucha Singh appellant a cartman living in the same locality came from the side of his house. On his arrival at the spot Joginder Singh deceased asked him about the cycle which he had borrowed from him (deceased) in the morning. Sucha Singh did not relish this demand and he started abusing the deceased. Simultaneously he took out a dagger from his right dab and with the same inflicted a blow in the chest of Joginder Singh, who fell down on receipt of the injury after moving one or two paces. Sucha Singh made good his escape alongwith his dagger. The P.Ws. went close to Joginder Singh but he succumbed to his injury soon thereafter. Leaving Puran Singh (PW 8) near the dead body, Kulwant Singh (PW 7) accompanied by Mohinder Singh left for the Police Station to lodge a report. On the way to the Police Post Jodhewal, Kulwant Singh and Mohinder Singh met Assistant Sub-Inspector Tarlok Singh (PW 9) who was on petrol alongwith police party. Kulwant Singh made Statement Exhibit PE before the Assistant Sub-Inspector on the basis of which formal First Information Report Exhibit PE/2 was subsequently registered. After dispatching the statement of Kulwant Singh to the Police Station, the Assistant Sub-Inspector accompanied Kulwant Singh and Mohinder Singh to the place of occurrence.
(3.) AT the spot, the dead body of Joginder Singh was lying in the street under an electric light. The investigating officer prepared the Inquest Report in respect of the dead body and forwarded the same for post-mortem examination. The Assistant Sub-Inspector then completed the remaining formalities of investigation at the spot.;