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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Ravinderbir Singh Alias Ravi - Appellant
Versus
State Of Punjab - Respondent
CRA-D-556-DB of 2016 (O&M)
Decided On : 12-04-2019
Criminal Law - Offence of Murder - IPC Section 302, Section 34 - Summary
Fact of the Case:
The appellant and co-accused were charged with the offence of murder under IPC Section 302 read with Section 34. The deceased, a student, was allegedly killed by the appellant and co-accused over a financial dispute. The prosecution presented evidence including witness testimonies and post-mortem reports.
Finding of the Court:
The court found the appellant guilty beyond reasonable doubt based on the testimony of the deceased's father, corroborated by the post-mortem report and forensic evidence. The court dismissed the appeal and upheld the conviction and sentence imposed by the trial court.
Issues: The key issues revolved around the presence of the accused at the scene, the motive for the crime, and the delay in lodging the FIR.
Ratio Decidendi: The court relied on the testimony of the deceased's father, corroborated by forensic evidence, to establish the guilt of the appellant beyond reasonable doubt. The court also considered the natural reaction of the deceased's father in a traumatic situation.
Final Decision: The appeal was dismissed, and the conviction and sentence imposed by the trial court were upheld.
JUDGMENT/ORDER
Rajiv Sharma, J. - This appeal is directed against judgment dated 18.05.2016 and order dated 19.05.2016, rendered by learned Additional Sessions Judge, Faridkot, in Sessions Case No. 18 dated 30.08.2012. Appellant Ravinderbir Singh alias Ravi along with co-accused Anirudh Sharma was charged with and tried for the offence punishable under Section 304 read with Section 34 IPC, and in the alternative under Section 302 read with Section 34 IPC. The appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 IPC. Co-accused Anirudh Sharma was acquitted of the charge framed against him.
2. The case of the prosecution, in a nutshell, is that on 04.04.2012, on receiving a medical ruqa from GGS Medical College, Faridkot, regarding receiving of dead body of Ranbir Singh, Sub Inspector Gurnam Singh along with other police officials, went to GGS Medical College, Faridkot. Complainant Jaspal Singh (PW.1) met them. He made statement that he was resident of Friends Avenue Tungwala, Majitha Road, Amritsar. He had one son and one daughter. In January, 2012, his younger son Rana Ranbir Singh got admission in B.Sc. Optimitry eyes diploma in GGS Medical College, Faridkot. He got accommodation in Sandhu Paying Guest House, Guru Nanak Colony, Street No.5, Faridkot. Subsequently, he got accommodation in Medical hostel and shifted there. He had purchased a new motor-cycle. His friend Ravinderbir Singh alias Ravi asked for party. His ATM card was not working. He had no money. However, accused Ravinderbir Singh alias Ravi held party from his own pocket. Thereafter, on 31.03.2012, the complainant got issued ATM card in his name and gave it to his son. On 03.04.2012, after doing his duty, the complainant had gone to Faridkot to hand over some clothes and to meet his son. At about 9.00 PM, he reached Faridkot. At about 10.00/10.30 PM, his son told him that he had received a telephone call from Ravinderbir Singh alias Ravi for repaying his money. He also accompanied his son on his motor cycle. When they reached near the gate of Sandhu Paying Guest House, Guru Nanak Colony, Street No.5, street light was on. Ravinderbir Singh alias Ravi and Anirudh Sharma were already standing in the street. When his son stopped his motor cycle, Ravinderbir Singh alias Ravi started asking that his son had not returned money. Ravinderbir Singh alias Ravi took a kirch from the dub (waist). Son of the complainant turned towards him. However, Ravinderbir Singh alias Ravi gave a kirch blow hitting him below his left shoulder. He fell down. Thereafter, Ravinderbir Singh alias Ravi gave another kirch blow hitting his left ear. Anirudh shouted that the complainant should be taught a lesson. He ran away from the spot. Later on, Sukhjinder Singh, a medical student, got admitted his son in GGS Medical College, Faridkot. The doctor declared him dead. The body was sent for post-mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.
3. The prosecution has examined a number of witnesses. The statements of the accused under Section 313 Cr.P.C were also recorded. They denied the case of the prosecution. In defence, they examined six witnesses.
4. The appellant was convicted and sentenced, as noticed above. Hence, this appeal.
5. Learned counsel appearing on behalf of the appellant has vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State and learned counsel for the complainant have supported the judgment and order of the learned Court below.
6. We have heard learned counsel for the parties and gone through the judgment and record very carefully.
7. PW.3 Dr. Ashwini Kumar tendered his evidence by filing affidavit Ex.PW.3/A. He had noticed following injuries on the body of the deceased :-
1. Incised stab wound of size 2
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