K.S.GAREWAL, J. - (1.) Sukhvinder Singh appellant was tried by the learned Additional Sessions Judge (I), Panipat for the murder of Kuldeep Singh and vide judgment dated June 9/10, 1997, Sukhvinder Singh was found guilty of the offence and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, he was to further undergo rigorous imprisonment for five months. Sukhvinder Singh and Kuldeep Singh deceased were employed at the factory owned by Harpal Singh (PW-7), known as M/s Mohindra Jaqguard Factory and located at Jattal Road, Panipat. In 1994 Sukhvinder Singh was a machine operator at the said factory, Kuldeep Singh deceased and his brother-in-law (sala) Harjinder Singh (PW-5) was also employed in the said factory.
(2.) According to the prosecution, on May 19, 1994 at 5.30 PM Sukhvinder Singh stabbed Kuldeep Singh with a knife, in the presence of Harjinder Singh (PW-5) and Harpal Singh (PW-7), and escaped. It appears that 3-4 days earlier the two of them had a fight but the reason for the fight was not revealed. Injured Kuldeep Singh was shifted to Hydrabad Hospital, Panipat and then to Civil Hospital, Panipat, where he was declared dead. The Medical Officer sent intimation of this to In-charge Police Post, Bus Stand at 6.10 P.M. On receipt of the intimation S.I.Gurdial Singh (PW-6) went to the hospital and recorded statements of the witnesses. The case was registered under Section 302 IPC at 8.20 PM on the basis of the statement of Harjinder Singh (PW-5). Special report was delivered to the Judicial Magistrate, Panipat, at 10.30 PM. The Investigating Officer conducted the inquest proceedings and then sent the body for post-mortem. The post mortem was conducted by Dr. Rajiv Sethi (PW-1) who found the following injuries. "There was an incised wound elliptical in shape sharp ends, size 1.8 cm x 0.8 cm in middle present on the left side of back of chest obliquely placed, upper end being 3 cm left to the mid line 7 cm below the nape of neck and 16 cm from the tip of left shoulder. On probing the direction of the wound was forward, downward and medially corresponding cut was present in the shirt. On further exporation muscles and facia on the way were cut, incised wound was present on the upper part of posterior pleura and the back of upper lobe of left lung passing through the lung tissue. Further medially a linear nick size 0.3 cm long was seen on the postero superior part of arch of aorta on descending limb. Blood was present in the mediastinum." In the opinion of the Medical Officer the cause of death was injury to vital organs like left lung and arch of aorta, leading to hemorrhage and shock. The time that elapsed between the injury and the death was only a few minutes but between the death and the post mortem was 4 to 48 hours. The Investigating Officer also conducted investigation at the spot.
(3.) The investigation was taken over by ASI Kitab Singh (PW-4) on May 25, 1994. The Investigating Officer arrested Sukhvinder Singh on that day. The accused was interrogated on the following day and on the basis of his disclosure statement the knife was recovered from his possession on May 27, 1994 lying buried underneath the earth near Malik Petrol Pump, G.T.Road, Panipat.;