K.S.GAREWAL, J. - (1.) Sukhwinder Singh alias Sukha was tried by the learned Sessions Judge, Patiala for the murder of Pankaj Kumar who was stabbed at 7 PM on December 20, 1995 while he and his father were returning home from their shop at Jakhal road, Patran. The learned Sessions Judge found Sukhwinder Singh guilty of the murder and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months. The judgment of conviction and sentence was pronounced on May 14, 1997 against which Sukhwinder Singh has come up in appeal.
(2.) According to the prosecution, on December 19, 1995 Sukhwinder Singh had protested to Baldev Raj (PW-4) about the misconduct of his son Pankaj Kumar deceased by passing in front of his house along with his friends and staring at Sukhwinder Singh's sister. Baldev Raj (PW-4) and Dwarka Dass (PW-5) promised Sukhwinder Singh that they would advise the deceased not to do so and not to at all go towards Sukhwinder Singh's house. During this exchange Sukhwinder Singh had also threatened that if they did not advise Pankaj Kumar in the above manner, the result would be bad. On December 20, 1995 at 7 PM Baldev Raj (PW-4) and his son Pankaj Kumar deceased were on their way home after closing their shop. They met Dwarka Dass (PW-5) near the Oriental Bank and they all started talking to each other. In the meantime, Sukhwinder Singh came there and joined them in conversation. After some time he took the deceased towards a nearby Bank. Baldev Raj and Dwarka Dass suspected that Sukhwinder Singh may start fighting with Pankaj Kumar. They also followed the two of them. When Sukhwinder Singh and Pankaj Kumar reached near the Patwarkhana Surinder Kumar also reached there having come from the opposite side. Sukhwinder Singh began to grapple with Pankaj Kumar in the presence of Baldev Raj (PW-4), Dwarka Dass (PW-5) and the above mentioned Surinder Kumar. Sukhwinder Singh took out a khanjar (dagger) and stabbed Pankaj Kumar in his abdomen. Pankaj Kumar fell down and Sukhwinder Singh inflicted another stab with his dagger on Pankaj Kumar's back. When alarm was raised, Sukhwinder Singh escaped with his dagger. The occurrence was witnessed by the above mentioned witnesses in the light of a mercury lamp installed at the old Patwarkhana.
(3.) Baldev Raj (PW-4) arranged a vehicle and evacuated Pankaj Kumar to Rajindra Hospital, Patiala, where he was declared dead on arrival. Intimation was sent to the police regarding Pankaj Kumar's death at Rajindra Hospital, Patiala. The Investigating Officer of Police Station Patran set out towards Patiala but by then Baldev Raj and Dwarka Dass had returned to Patran. Baldev Raj's statement was recorded and on the basis of that statement, FIR was registered at Police Station Patran, under Section 302 IPC at 12.10 PM (0010 hours) on December 20, 1995. The Investigating Officer started inquest proceedings on the dead body of Pankaj Kumar at Rajindra Hospital, Patiala. Thereafter postmortem examination was conducted by Dr. Harish Tuli (PW-2) at 10.30 AM on December 21, 1995 and the following injuries were found:- "1). 2.5 cm x 1 cm incised stab wound on right upper abdomen. It was situated 4 cm away from mid line and 5 cm above the umbilicus. On dissection, the lower lobe of the liver and intestines were cut. There was 200 cc of blood present in the peritoneum cavity. 2). 2.5 cm x 0.5 cm incised stab wound 1 cm away from mid line on the right side of the back. This injury was situated 16 cm below the inferion angle of right scapula. On dissection, the structures underneath were cut and 200 CC of blood was present in the peritoneum cavity. The corresponding cuts were present on the sweater and shirt. All the clothes were blood soaked. " In the opinion of the Medical Officer, the cause of death was shock and hemorrhage on account of the injuries. The time that elapsed;