- (1.) This appeal is directed against the judgment dated 22.09.2009 rendered by learned Sessions Judge, Bathinda, whereby accused Ranjit Singh was convicted for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was to further undergo RI for two years.
(2.) On the statement of Mewa Singh, complainant which is Ex. PA, the police machinery was set in motion. Mewa Singh is the father of deceased Charanjit Singh. Rajwinder Singh was also Mewa Singh's son. As per prosecution case, on 28.04.2008, Charanjit Singh and Ranjit Singh, accused quarreled near country made liquor vend, near Bus Stand of village Jai Singh Wala, on the point that Ranjit Singh was demanding money from Charanjit Singh for liquor, to which he refused. On coming to know about the aforesaid quarrel between the two, Mewa Singh, accompanied by his son Rajwinder Singh, went to liquor vend to bring back Charanjit Singh. It was about 7:00 P.M. Ranjit Singh-accused returned armed with 'Sota'. Immediately on his arrival, Ranjit Singh, gave a 'Sota' blow on the head of Charanjit Singh on the right side, as a result of which blood gushed out of the head of Charanjit Singh. Mewa Singh and Rajwinder Singh started taking care of Charanjit Singh and inquired from him about the reason of the dispute, on which he told that Ranjit Singh was demanding money for liquor from him. Ranjit Singh had run away from the spot along with 'Sota'. Charanjit Singh, was removed to Civil Hospital, Sangat, where first-aid was given to him, thereafter, he was referred to Government Hospital, Bathinda. Keeping in view the serious condition of Charanjit Singh, he was referred to Adesh Hospital, Bathinda. When Charanjit Singh, was being taken to Adesh Hospital, he died on the way near village Bhucho Khurd. Mewa Singh brought back the dead body of Charanjit Singh to his village.
(3.) On 29.04.2008, in the morning, he accompanied with Jagjit Singh, Lamberdar, had gone to the police station. Davinder Singh, along with police officials met them near Bus Stand of village Phulo Mithi, where, statement of Mewa Singh, Ex.Panch, was recorded as Ex.PA. On this statement, endorsement Ex.PA/1 was made and then the same was sent to police station for registration of FIR, whereupon, formal FIR Ex.PA/2 was recorded. Inquest report Ex.PB was prepared. Post-mortem of the dead body of Charanjit Singh was got conducted. Dead body was handed over to the parents of the deceased. Clothes of the dead body were taken into possession through recovery memo Ex.PD. Site plan of the spot Ex.PT was prepared. Simple earth as well blood-stained earth were lifted from the spot vide memo. Ex.PE. Accused was arrested on 30.04.2008. On interrogation, accused suffered a disclosure statement Ex.PG to the effect that he kept concealed 'Sota' in the heap of cotton sticks lying adjoining his house towards eastern side to which he alone knew and can get the same recovered by giving nishandehi. In pursuance with this disclosure statement Ex.PG, 'Sota' was got recovered by the accused and the same was taken into possession after converting it into a sealed parcel, duly sealed with the seal of 'SS' vide recovery memo. Ex.PH. Site plan of the place of recovery of 'Sota' Ex.PH/1 was prepared. The clothes of the deceased and soil lifted from the spot, were sent to laboratory for chemical analysis. Vide report FSL Ex.PU, human blood was found on the clothes of the deceased as well on the soil. 'Sota' was also sent for analysis. Vide report Ex.PV, it was also found stained with human blood.;