MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment of the Sessions Judge, Hissar dated 23.12.2002/24.12.2002 whereby he convicted appellant Inder Singh under Sections 302/34 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.2000/-, in default to undergo further R.I. for three months.
(2.) The case of the prosecution is unfolded by the statement Ex.PD of Balwant Singh given to S.I. Chhotu Ram near Nand Theatre on 2.4.1992 at 11.30 P.M. Balwant Singh has stated, that on 2.4.1992 at about 9.15 P.M. he along with Mindi alias Mohinder and Sindi alias Surinder were going from his house to the house of Mindi on a motor cycle. Mindi was driving the motor cycle. Balwant Singh and Sindi were sitting on the pillion. When they reached Vikas Furnitures-12 quarters road, they saw Inder, Jagira and Wilson standing in the street at the turning of Sukhija's house. Inder and Jagira were armed with swords. Wilson was armed with a knife. Jagira put a Rehri in front of the motor cycle, which fell down. Thereafter Jagira gave sword blows which hit on both the hands of Mindi. Then Inder gave sword blows which hit on the front side of the neck of Mindi. Wilson inflicted injuries with the knife on Mindi, on his abdomen and chest, while he was lying down. Inder and Jagira continued inflicting sword blows to Mindi. Complainant raised an alarm, on which Ram Avtar son of Tulsi came there. Jagira, Inder and Wilson then fled away on their motor cycle. Mindi died at the spot. The motive for the commission of the offence, was that Inder had suspicion that Mindi had got him arrested in a case of snatching. Balwant Singh further stated that he told SI Chhotu Ram that the dead body of Mindi was lying at the spot. They did not come earlier out of fear. On the basis of this statement, FIR Ex.PD/1 was recorded on the same day at 11.45 P.M. and the special report reached the Chief Judicial Magistrate, Hissar in the same night at 1.45 A.M. Prosecution to prove its case brought into the witness box Shamsher Singh as PW1, Niha Singh Constable as PW2, Diwan Singh ASI as PW3, Dr.(Mrs.) K.K.Nawal as PW4, Balwant Singh as PW5, Ram Avtar as PW6, Hanuman as PW7, Balbir Singh ASI as PW8, Chhotu Ram SI as PW9 and Chaudhary Ram Inspector as PW10. Learned counsel for the appellant has argued that both the alleged eye witnesses Balwant Singh PW5 and Ram Avtar PW6 cannot be believed. Balbir Singh ASI PW8 has stated in his testimony before the Court that the police was present near Nand Cinema, which was hardly 150 yards from the place of occurrence. S.I. Chhotu Ram PW9 has stated that he crossed the place of occurrence times for recording of the FIR. The conduct of these eye witnesses is unnatural. It is strange that Sindi and Ram Avtar PW6 instead of informing the police or taking the deceased to the hospital went to inform his relative first. In fact, these eye witnesses were not present. Delay in the lodging of the FIR was utilized to falsely implicate the appellant. Occurrence had taken place on 2.4.1992 at 9.15 P.M. FIR Ex.PD/1 was registered on the same night at 11.45 P.M. Special report reached the Chief Judicial Magistrate, Hissar on the same night at 1.45 A.M. There is an unexplained delay of five hours. The motive for the commission of the offence is that some days earlier, appellant Inder suspected that deceased Mindi had got him arrested in a case of snatching. No arrest was made in any case regarding snatching. This motive is only to falsely implicate the appellant.
(3.) Learned counsel for the State has argued that Balwant Singh PW5 in his testimony before the Court has corroborated his statement Ex.PD given in FIR Ex.PD/1. He has stated that Jagira stopped the motor cycle of the deceased by putting a rehri in front of it. Appellant then tried to snatch the motor cycle on account of which the motor cycle fell down. Thereafter Jagira, Inder and Wilson inflicted sword and knife blows. Inder inflicted sword blow on the neck of deceased Mindi. After he had fallen down, appellant inflicted more injuries. Ram Avtar PW6 the other eye witness has also narrated the story in a similar manner as Balwant Singh PW5. Both these eye witnesses corroborate each other. Enmity between the deceased and the appellant has been proved, as the appellant was suspicious that the deceased had given information to the police regarding some snatching which had taken place. Thereafter Ram Avtar PW6 and Sindi were left at the place of occurrence and Balwant Singh PW5 then reported the matter by giving his statement Ex.PD to the police, who were standing near Nand Cinema. Injuries on the person of deceased Mindi are 18 in number. They are incised and penetrating wounds. The medical evidence corroborates the ocular account.;