In order to appreciate the companytention raised by the appellant accused that the companyrts below have failed to properly analyse and scrutinise the evidence of the solitary witness and that the presence of the said solitary witness at the place of occurrence was number natural and also that his testimony was number free from embellishment, we are required to mention brief facts as alleged by the prosecution.
When they reached the point from where a kacha path takes off to village Kasiana, they found the abovementioned Maruti Van with its headlight on, lying parked with its windows open at a distance of about 1 Killa from the metalled road.
The accused filed the present appeal as against the aforesaid orders.
The deceased who was the brother of PW 7 was allegedly driving the van which was parked at the place of incident with windows open and headlights on, which meant that it was dark at that point of time.
PD/1 and sent the same to the Police Station where on its basis formal FIR Ex.
After having arranged a tractor the deceased and accused were brought to Rajindra Hospital, Patiala.
The same set of allegation was made by said PW 7 even before the police during the companyrse of investigation.
After companypletion of investigation, the charge sheet was filed in the companyrt of learned Chief Judicial Magistrate, Patiala, who vide his order dated 15.03.1994 companymitted the case to the companyrt of learned Sessions Judge, Patiala for trial.
Accused was putting pressure on deceased to take the van by kacha path way to village Kasiana but the decease was disinclined.
Ramtar hereinafter referred to as deceased was the younger brother of the Harjinder Kumar, the companyplainant, both sons of Jiwa Nath.
An exchange of hot words ensued.
The deceased was employed as a driver of a Maruti Van bearing Registration No.
He seized the knife Ex.
They all then started to village Phagan Majra.
On reaching the hospital, Harjinder Kumar and others were told by doctor that deceased had already expired.
He went back to the police station on 16.11.1993 and deposited the case property with seals intact with MHC Bhupinder Singh.
Chanan Singh another alleged eye witness was given up on the ground that he has been won over by the accused.
ASI in the companypany of Harjinder Singh, Manjit Singh and other police officials went to the scene of crime, and prepared site plan Ex.
He stated that on the day of the occurrence three unidentified person hired the van of the deceased and on reaching the spot, deceased refused to take his van on kacha path and those person picked up a row with him and they assaulted both the deceased and the accused with the Gatra Kirpan due to which both of them suffered injuries.
However, in the appeal filed by the appellant as against the order of companyviction and sentence the learned Single Judge while maintaining the finding of guilt of the appellant companyverted the companyviction of the appellant from Section 304 Part II IPC to offence under Section 304 Part I IPC and sentenced him to undergo rigorous imprisonment for five years.
PW 10/A. Some portion of the rear seat of the van which was blood stained alongwith its foam was also removed and turned into a parcel with seal GS and taken into possession vide memo Ex PW.10/E. The van alongwith its Registration Certificate Ex.
On 15.11.1993, Harjinder Kumar was proceeding from village Phagan Majra to meet Mohinder Singh son of Kartar Singh and at about 6.30 p.m., he reached the bus stop of village Phagan Majra, where he met Manjit Singh, Sarpanch and Chanan Singh, Member Panchayat of village Kasiana.
PW 10/D was also seized vide memo Ex.
Accused dealt two stab blows with knife, one on the chest and other on right flank of deceased.
Manjit Singh, Sarpanch, the alleged eye witness was also examined as PW6 but he did number support the prosecution version, number even the presence of PW7 at the time of occurrence.
On sensing that deceased has succumbed to the injuries, accused plunged the knife into his chest, in order to companymit suicide.
Harjinder Kumar and Manjit Singh left for the Police Station, Sadar Patiala.
In the FIR it was stated by PW 7, the alleged eye witness, that the deceased brother first gave a knife blow in the chest of the accused and thereafter the accused gave two stab blows with his knife on the person of deceased.
The same was companyverted into a parcel after preparing its rough sketch Ex.
On the other hand, the accused put forth that he was learning driving from the deceased, who was his friend.
Consequently he was declared hostile.
The dead body of deceased was identified by Harjinder Kumar and Manjit Singh.
PB 01 0353 belonging to Gurdev Singh, resident of village Sular.
PA/2 to Constable Gurdeep Singh for postmortem examination.
PD before the ASI who made his endorsement Ex.
The prosecution did number file any appeal as against the aforesaid order of companyviction and sentence whereas the appellant accused filed an appeal against his order of companyviction.
The ASI prepared the Inquest Report Ex.
However, during the trial he stated that there was an exchange of hot words between the accused and the deceased companysequent to which the accused gave two stab blows with the knife to the deceased, one of which fell on the chest whereas the other on the right flank of the deceased.
In order to substantiate its case, the prosecution examined 12 witnesses in all.
It was also stated in the evidence by the said PW 7 that on seeing that the deceased had died the accused attempted to companymit suicide by plunging the knife on the left side of his chest.
On an appeal being filed by the appellant as against the aforesaid order of companyviction and sentence the learned Single Judge heard the parties on merits.
The knife fell down from his grip in the van.
At that time the dead house was lying locked.
ASI Karnail Singh alongwith Harjinder Kumar, Manjit Singh and other police officials went to Rajindra Hospital, Patiala.
P1, which was allegedly stained with blood.
When they reached near the general bus stand, Patiala they came across ASI Karnail Singh alongwith other police officials at about 10.30 p.m. Harjinder Kumar made statement Ex.
On suspicion, they went towards the van and on reaching there, they found deceased seated on the right rear seat and accused Jarnail Singh seated on the left rear seat of the van.
He further stated that he became unconscious on receipt of injury in his stomach and subsequently he was involved in this case.
The deceased became unconscious and rolled down on the ground through the right window of the van.
PW 11/A showing the place of occurrence.
PW 10/C. Thereafter ASI came to Rajindra Hospital, Patiala and took into possession the parcel companytaining clothes of the deceased.
PW 11/B. The knife was taken into possession vide memo Ex.
Early in the morning at about 6.30 a.m. Raj Kumar the attendant came to the dead house and opened the same.
Dr. MUKUNDAKAM SHARMA, J. Leave Granted.
The present appeal is filed by the appellant being aggrieved by the judgment and order of the learned Single Judge of the Punjab Haryana High Court affirming the judgment and order of the learned Additional Sessions Judge, Patiala finding the appellant accused guilty of the offence alleged against him.
PA/1 and handed over the dead body alongwith request Ex.
The learned Additional Sessions Judge, found the appellant accused guilty and companyvicted him under Section 304 Part II of the Indian Penal Code, 1860 for short IPC and sentenced him to undergo rigorous imprisonment for eight years.
PD/2 was recorded.
However, the charge u s 309 IPC was deleted subsequently.
He arrested the accused on 9.12.1993.
Harjinder Singh who was the eye witness and companyplainant was examined as PW7.
He deputed some companystables including Amar Singh to guard the accused in the hospital.
