Jitendra Chauhan, J. - (1.) RAJ Kumar @ Raju was tried by learned Additional Sessions Judge, Amritsar for the murder of Uttam Chand. Raj Kumar @ Raju was convicted on 20th August, 1998 and sentenced to life imprisonment, and has filed the present appeal.
(2.) UTTAM Chand son of Piara Lal, the deceased, was running a cloth shop at Lakkar Mandi Chowk, Amritsar. His first wife separated from him about 16 -17 year ago. At the time of separation, the couple had a 4/5 years son. The son, named Raj Kumar, had been staying with his mother. He nursed grudge against his father on account of desertion of his mother. On 27th March, 1996, at about 8.15 P.M., when deceased Uttam Chand was returning home after closing his shop, he was stabbed on the back of his neck by his son Raj Kumar @ Raju. His elder brother Madan Lal and younger brother Gopal Krishan rushed to the spot when the victim raised an alarm. Uttam Chand, the deceased, was admitted to the SGTB Hospital by his brother Madan Lal. The statement, Exhibit P10, of Uttam Chand, the deceased was recorded by PW7 Bachitter Singh, the Investigating Officer, which after his death, was treated as dying declaration.
(3.) ON the basis of the statement made by Uttam Chand, the deceased, a ruqa was sent from Civil Hospital to the police station at 12.30 P.M. An FIR was registered on 28th March, 1996 at 1.30 P.M. under Sections 324/323 of the Indian Penal Code at Police Station Kotwali, Amritsar.;