- (1.) The appellants have filed this appeal to challenge judgment and order dated 14.11.2002 convicting and sentencing them for the murder of Mohinder Ram son of Thakur Dass in the following terms:- JUDGEMENT_375_LAWS(P&H)8_2014_1.html
(2.) The investigation was set into motion by PW10 Balbir Singh son of Sunder Lal resident of village Jansali, Police Station Banur, making a signed statement, at 9.30 P.M. on 5.2.2001 before PW12 Inspector Paramjit Singh, Police Station Banur, that he polishes furniture at Banur and resides in a house situated near the kiryana shop of Basant Singh. At about 6.45 P.M., he was in his house and heard a quarrel from the direction of Basant Singh's shop. He went out towards the shop and saw Balbir Singh and Suraj Ram @ Sujjan alias Pappa son of Dayal Chand, residents of village Jansali quarrelling with Thakur Dass, son of Gulab Chand, resident of the same village. Balbir Singh and Suraj Ram were inflicting fist blows on Thakur Dass. Balbir Singh took out a knife from the pocket of his pant and gave a knife blow on the left elbow of Thakur Dass. Balbir Singh inflicted another knife blow which hit on the muscular part of Thakur Dass's upper left arm. In the meantime, Mohinder Ram, son of Thakur Dass, who had also reached the spot, tried to rescue his father. Balbir Singh gave a knife blow which hit Mohinder Ram on the left side of his chest and another knife blow which hit Mohinder Ram, on the left side of his back, below the left shoulder. Mohinder Ram fell down after receiving these injuries. Balbir Singh raised an alarm. The accused ran away with the knife. Bholi Ram, Om Parkash, other family members of Thakur Dass and some other persons also reached the spot. Thakur Dass and his son Mohinder Ram,were transported to Civil Hospital, Rajpura for treatment, but on the way, Mohinder Ram passed away. The tractor trolly was taken back to village.
(3.) The entire incident was also witnessed by Rajesh Kumar son of Basant Singh, who was sitting in his shop. The complainant also stated that the cause for the attack was that on 3.2.2001 an oral altercation had taken place between Mohinder Ram and Balbir Singh (appellant) while playing cards in the village. Balbir Singh had given belt blows to Mohinder Ram and when today, Thakur Dass confronted Balbir Singh, the latter became furious and along with Suraj Ram began quarrelling with Thakur Dass. Thereafter Balbir Singh inflicted injuries on Thakur Dass and Mohinder Ram. The statement, led to registration of FIR Ex.PK for offence punishable under sections 302/326/34 of the Indian Penal Code at 9.30 P.M. PW12 Inspector Paramjit Singh proceeded to the place of occurrence with the police party accompanied by Balbir Singh and Rajesh Kumar and lifted blood stained earth from the spot, which was placed in a plastic bag and sealed with the seal PS . The plastic bag was taken into possession vide memo Ex.PL, attested by witnesses. A rough site plan with correct marginal notes of the place of occurrence was prepared. The Investigating Officer went to the house of accused, prepared inquest report, Ex.PN/1 and forwarded the dead body for post mortem, through, Head Constable Harnek Singh to A.P. Jain Hospital, Rajpura, vide request, Ex.PB/1. Thakur Dass, father of the deceased, was admitted to Civil Hospital, Banur and thereafter referred to A.P.Jain, Hospital, Rajpura. The place of the occurrence was photographed. Ex.PD/1 to Ex.PD/6 are photographs and Ex.PD/7 to Ex.PD/12 are their negatives. The recovery memo, relating to the photographs and negatives is Ex.PD.;