Direct evidence from eyewitnesses substantiated by medical testimony is sufficient for conviction; absence of motive does not negate evidence.

JUDGMENT :

Ramesh Kumari, J.

1. This appeal is filed by Appellant - Kulbir @ Anku hereinafter referred as 'accused' against the impugned judgment of conviction dated 24.05.2018 , and the impugned order of sentence dated 25.05.2018 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri for the offences under Sections 302 IPC and 324 IPC in a case arising out of FIR No. 189, dated 28.08.2017, registered at Police Station Bilaspur, Yamuna Nagar (Haryana) for commission of murder of one Purshotam and of having inflicted simple injuries by sharp edged weapon (knife) on the person of the complainant/injured Kuldeep Singh and eye-witness/injured Yashpal and wherein he has been sentenced as under:-

Both the sentences have been ordered to run concurrently.

2.(i) As per prosecution allegations, PW10 Dr. Shama Parveen, Medical Officer, PHC Bilaspur, sent medical ruqqa Ex.PU alongwith MLRs No.SHP/BSP/17/207, No.SHP/BSP/17/208, No.SHP/BSP/17/209 dated 24.08.2017 Ex.PR, Ex.PS and Ex.PT respectively of injured Purshotam, Kuldeep and Yash Pal to police Station Bilaspur.

Thereafter on 25.08.2017, telephonic information was received from MM College and Hospital of Medical Science, Mullana regarding admission of injured Purshotam (since deceased) in the said hospital.

Due to duty to maintain law and order in connection to Ram Rahim Dera Sacha Sauda, Sirsa, case action could not be taken.

Again on 28.08.2017, telephonic information was received from MM College and Hospital of Medical Science, Mullana that injured Purshotam had died in the said hospital on account of injuries received in a quarrel.

ii) Thereupon, when PW5-ASI Satish Kumar alongwith ASI Ishwar Singh and other officials were going to MM College and Hospital of Medical Science, Mullana then on the way at Shiv Chowk, Bilaspur, PW2- complainant Kuldeep Singh son of Yashpal Singh resident of Sandhaye, Police Station Bilaspur, District Yamuna Nagar met them and he got recorded his statement Ex.PB, which is in Devnagri script and when translated in English, it makes the following reading:-

' I am resident of above mentioned address and doing labour work. My father has two younger brothers namely, Jai Kumar and Sanjeev Kumar. They are also residing with us. Our houses are adjacent to each other and all of us have a common courtyard. On 23-08-2017, my brother-in-law (wife's brother) Purshotam, age about 35 years son of Jasmer Chand resident of Yakubpur, District Yamuna Nagar had come to our house, who is doing labour work and at about 9:30/10 P.M. in the night, after taking dinner, I and my brother-in-law above said Purshotam had slept under a tree in courtyard on a cot and at that time, son of my uncle Jai Kumar namely, Kulbir alias Anku was not in house. During the night at about 12:00 O'Clock. when we were sleeping on cot, I heard the shrike of my brother-in-law Purshotam and when I woke up due to tension, I saw that Kulbir alias Anku, son of my uncle, was giving a blow with knife to my brother-in-law Purshotam and when I tried to save my brother in law, Anku gave first blow of knife on right side of my stomach, second blow on left side of my left shoulder and third blow on near my eye. When I and my brother-inlaw Pushotam made a noise of "Bachao-Bacho" on hearing our noise my father Yashpal son of Nathi Ram and other family members came to rescue, Anku also inflicted injury with knife to my father and after giving injuries Anku fled away from the spot. My uncle Sanjeev Kumar (younger brother of father) and our family members took us to Civil Hospital, Bilaspur for treatment. From where, during night, after giving us treatment, Doctor had referred us to Civil Hospital, Jagadhri. On 25-08-2017, I and my father Yaspal had been discharged from Civil Hospital, Jagadhri but my brother-