Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 4.4.1998, and the order of sentence of the even date, rendered by the learned Sessions Judge, Jalandhar, vide which he convicted, Jagdish Kumar accused/appellant for the offence punishable under Section 302 of the Indian Penal Code and Surinder Kaur accused/appellant for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, and sentenced them to undergo imprisonment for life each, and to a fine of Rs. 1000/ -each, and in default of fine, to undergo R.I. for one month each.
(2.) THE facts, in brief, are that on 6.11.1996, at about 10.00 a.m., Ram Asra, complainant, had remonstrated with Surinder Kaur, one of the accused, at her house, situated in the area of village Patara, on account of the reason that her son Jagdish Kumar, the other accused/appellant had cut indecent joke with his sister -in -law, Sunita, on the previous evening i.e.on the evening of 5.11.1996. After doing so, he left for his shop, situated in the area of village Patara, and when reached opposite the Coop. Bank, he saw both the accused following him. While following Ram Asra, they were hurling abuses at him. Ram Asra then stopped on seeing them. At that time, Jagdish Kumar accused/appellant was having a kirtch (knife) in his hand. On hearing noise, which ensued, Kamaljit Singh, Satnam Singh and Jasvinder Singh, brothers of Ram Asra, complainant, also came to the spot, from their shops. Jagdish Kumar, accused/appellant told Ram Asra that he was going to teach him a lesson, for levelling false allegations, against him. He advanced towards him, with a view to achieve his end, but in the meantime, Jasvinder Singh, his brother, physically intervened to stop him. On this, Surinder Kaur accused/appellant, got flared up, and caught hold Jasvinder Singh of his arms, followed by gripping, as a result whereof, Jagdish Kumar accused/appellant, gave an injury with kirtch (knife) on the right side of the chest of Jasvinder Singh, upon which he fell down. With a view to save Jasvinder Singh, and also in self -defence, Kamaljit another brother of Ram Asra, caused injuries, with khurpa which he picked up from a nearby shop, on the head of Jagdish Kumar. Thereafter, Jagdish Kumar along with Kirtch ( knife), as well as his mother Surinder Kaur, ran away. When Jasvinder Singh was being taken to Civil Hospital, Jalandhar , after arranging a vehicle, he died. On receipt of slip ( Ex.PF), from the hospital, regarding the death of Jasvinder Singh, Nirmal Singh, Sub Inspector/SHO, Police Station, Sadar Jalandhar, reached there. Ram Asra, complainant -brother of the deceased, was found present there. His statement Ex.PD was recorded by Nirmal Singh, S.I. which was read over and explained to him, and after admitting the same to be correct, he signed it. Endorsement Ex.PD/1, was appended thereon, and the same was sent to the Police Station, for the registration of a case, on the basis of which, FIR Ex.PE was recorded by Shiv Singh, ASI.
(3.) THEREAFTER Ex.PC, the inquest report of the dead -body of Jasvinder Singh, in the presence of Makhan Lal and Mohinder Lal, prosecution witnesses, was prepared, by Nirmal Singh, Sub Inspector. Thereafter the dead body of Jasvinder Singh was handed over to HC Surjit Singh with police request Ex.PB for the purpose of getting post mortem examination conducted.;