Conviction under Section 302 IPC upheld based on credible eyewitness testimony and forensic evidence, establishing intent to kill by use of a weapon on vital parts.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment and order dated 30.06.2021 passed by learned Additional Sessions Judge, Sirmour at Nahan (learned Trial Court) vide which, the appellant (accused before learned Trial Court) was convicted of the commission of offence punishable under Section 302 of the INDIAN PENAL CODE (in short ‘IPC’) and was sentenced to undergo imprisonment for life and to pay fine of Rs.20,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the prosecution filed a charge sheet against the accused for the commission of an offence punishable under Section 302 of the IPC. It was asserted that the police received information on 28.5.2017, at about 6.40 AM, from Tanuj (PW-1) that one person was stabbed at Tokiyon, near the cowshed. The information was reduced to writing and an entry (Ex.PW8/A) was recorded in the Police Station. SI Beeru Ahmad (PW-20), HC Surender Singh and HHC Kamal Kant (PW-16) proceeded to verify the correctness of the information. Geeta Ram, the informant, made a statement to the police that he was employed in the Gokul Dhaam cowshed to take care of the cows. He had gone to his home on 28.5.2017 at around 6.30 AM to take a bath when he heard some noise from the road near the cowshed. Informant Geeta Ram went to the spot and saw the accused Surender Singh abusing his brother-in-law Balbir Singh (since deceased) and attacking him with a knife on his neck and belly. Geeta Ram asked the accused not to stab the deceased but he continued stabbing the deceased. The deceased fell on the road and succumbed to his injuries. Many people gathered on the spot. The statement (Ex.PW13/A) was reduced into writing and was sent to the Police Station where FIR (Ex.PW18/A) was registered. SI Beeru Ahmad (PW-20) conducted the investigation. He prepared the inquest report (Ex.PW 20/A) and sent the dead body to the hospital for postmortem examination. Dr Kamal Pasha (PW-14), Dr Sudhir Gupta and Dr Rajiv Chauhan (PW-17) conducted the postmortem examination of the deceased and found stab injuries which would have been caused by a knife. The postmortem report (Ex.PW14/B) was issued. SI Beeru Ahmad prepared the spot map (Ex.PW-20/C). He picked up a piece of brick stained with blood (Ex. P1), put it in a parcel and sealed the parcel with three impressions of seal ‘H’. The parcel was seized vide memo (Ex.PW10/A). He picked a controlled brick piece (Ex.P-2), put it in a parcel and sealed the parcel with three impressions of seal ‘H’. The parcel was seized vide memo (Ex.PW10/B). He lifted the blood-stained soil (Ex.P3) from the spot where the dead body was lying. It was wrapped in paper and sealed in a parcel with three impressions of seal ‘H’. The soil was seized vide memo (Ex.PW10/C). He picked up the controlled soil sample (Ex. P4), wrapped it in paper and sealed it in a parcel with three impressions of seal ‘H’. The parcel was taken into possession vide memo (Ex.PW10/D). He also seized a pair of slippers (Ex.P5) and a belt (Ex.P6) lying on th e spot. He put them in a parcel and sealed the parcel with three impressions of seal ‘H’. The parcel was seized vide me mo (Ex.PW10/E). He scraped the blood-stained concrete (Ex.P7) from the road and wrapped it in a newspaper. He sealed the ne