A.S.BAINS, J. - (1.) GULSHAN Kumar appellant was convicted by the learned Sessions Judge, Jullundur under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life. His co-accused Amar Nath and Kashmiri Lal were given the benefit of doubt and acquitted. Hence, this appeal against his conviction and sentence.
(2.) THE prosecution case as set up at the trial was as under :- On 9th October, at about 4-15 p.m., Balkar Singh (since deceased) went to the house of Kashmiri Lal co accused where his sons Amar Nath co-accused and Gulshan Kumar appellant also reside for demanding the payment of Rs. 1080/- as his commission. The house of Kashmiri Lal co-accused falls in the area of Basti Danashmandan Dakhli Jullundur and is near the Dairy of Pal Singh (PW 5) brother of the deceased. Shortly thereafter, Pal Singh (PW 5) saw the deceased, being chased by the three accused. Only the appellant was then armed with a spade, whereas the other co-accused were empty-handed. The appellant and his co-accused overtook the victim in the lane near the house of Karam Chand. Amar Nath and Kashmiri Lal co-accused secured Balkar singh deceased from both of his arms, while Gulshan Kumar appellant dealt a 'Kassi' blow on the right cheek of Balkar Singh at the exhortation of Kashmiri Lal co-accused Balkar Singh, after receipt of the Kassi blow, fell un-conscious at the spot. Dara Singh witnesses besides Pal Singh (PW 5) saw the occurrence and raised an alarm, on which the appellant and his co-accused made good their escape. Balkar Singh injured was removed to Civil Hospital, Jullundur where he was admitted at 5.00 p.m. the same day. Dr. O.P. Chabbra (PW 4) medically examined Balkar Singh at 5-10 p.m. and found him unconscious. He also observed an incised wound over the right side of his face and the cheek bone was exposed.
(3.) A telephonic message was sent from the Civil Hospital regarding the admission of Balkar Singh in an injured condition to the Police Station Division No. 5, Jullundur. On receipt of the message at 6-05 pm., ASI Sarup Sigh (PW 8) reached the hospital at 6-15 p.m. and the elicited the opinion of the doctor regarding the fitness of the victim make a statement and Dr. Surinder Singh (PW 1) gave his opinion that the victim was unfit to make a statement. In the meanwhile, Pal Singh (PW 5) also reached there and the Assistant Sub-Inspector recorded his statement. Ex. PF., on the basis of which a case against the appellant and his two co-accused was registered under Section 307 and 324 read with section 34, Indian Penal Code, vide, FIR. Ex PF/2. The Assistant Sub-Inspector then reached the spot besides 'Parna' P.6. He also found the accused missing from their house. He prepared the visual site plan Ex. PK/1 of the spot.;