Chand Mal Totla, J. - (1.) THIS appeal challenging the conviction and sentence of the appellant is preferred for judgment dated 02.04.2003 in Sessions Case No. 68/2002 by the court of Additional Sessions Judge (Fast Track), Sriganganagar whereby, the appellant has been convicted under Section 302 IPC and sentenced to life imprisonment with fine Rs. 1000/ - in default three months simple imprisonment.
(2.) THE alleged incident, as per prosecution, is that on 24th May, 2001 at about 6:35 PM in the evening an information received on wireless from control room at P.S. Purani Abadi, Sriganganagar that a person is seriously injured in Purani Abadi Sabji Mandi. After making entry No. 147 in Roznamcha, SHO Bhanwar lal alongwith some police personnel proceeded to Sabji Mandi where came to know that injured Mukesh is already taken to hospital. At around 7 o' clock, one Amarjeet presented a written FIR Ex.P/5 at Police station stating that in the evening at about 6:15 PM, he at sabji mandi was purchasing tomatoes when Satyaveer Singh, J.En. Electricity Department came from direction of Hanuman temple and at that time, Mukesh coming out of his house was going slowly in the street - When Satyaveer Singh crossed near the complainant, he saw axe in his hands on back and Satyaveer Singh inflicted injuries of axe on neck and on head of Mukesh and when Mukesh fell down, third blow inflicted on his head. Ajeet, Shiv kumar, Devendra Singh and other rushed and Ajeet Singh caught hold of Satyaveer Singh who ran away with axe towards home saying that he will not let live (Mukesh) soon police vehicle arrived and Mukesh taken to Government Hospital where he died of injuries. On this report FIR NO. 167/01 Ex.P/6 registered for offence of Section 302 IPC read with 201 IPC. In course of investigation, at 1:35 AM, on 25.05.2001 the appellant arrested vide memo Ex.P/10. On next morning 25.05.2001, police inspected site and prepared memos Ex.P/7 & 7A where on the road was blood -sample of which and of plane soil taken and sealed separately memo prepared is Ex.P/8. Memos of dead body are Ex.P/12 & Ex.P/13 and memo of seizure of worn shirt of deceased is Ex.P/14. The photographs of body taken, positives and negatives of which are Ex.P16 to Ex.P/25. On request of SHO Ex.P/3, postmortem conducted at 9:15 AM, report prepared is Ex.P/4 - deceased died within 24 hours as consequence of three incised wounds at parietal region - also are mentioned other injuries. Body handed over to father at 11:15 AM on 25.05.2001. On information Ex.P/39, furnished by appellant, an axe having blood stains recovered and sealed memo and site plan of place of recovery prepared are Ex.P/1, 2 & 2A. All the articles deposited in malkhana and in due course delivered to FSL - malkhana register entries and forwarding letters of which are Ex.P/26, 27,28, 32 & 33, receipt of FSL is Ex.P/29 and report of FSL Ex.P/41. As per police report submitted, statements of informant eye witness Amarjeet also recorded under Section 164 Cr.P.C and after usual investigation and procedure, charge - sheet submitted and committed to Sessions Court on September 10th. The accused when charged for murder by inflicting injuries of sharp edged weapon on head and neck of Mukesh claimed trial.
(3.) OF the prosecution witnesses, Amarjeet Sing PW/4 is eye witness who also lodged written FIR Ex.P/5 at police station and Devendra PW/5 and Shiv Singh PW/10 are eye witnesses named in FIR. Kishori lal PW/6 a vegetable seller and Shiv Singh PW/10 son of owner of the house in which the appellant was residing are eye -witnesses. Smt. Vandana PW/7 is wife of accused appellant who reached at the spot soon after the incident. Vijay Singh PW/1 and Vijay Singh PW/2 are said to be witnesses of recovery of axe and Om Prakash PW/9, father of the deceased. PW/13 Head constable and PW/14 constable relates to malkhana and PW/12 Inder lal is the photographer. PW/3 Dr. Inderjeet conducted postmortem who proved report Ex.P/4 whereas SHO Inspector Bhanwar Singh PW/15 is the Investigating officer.;