Advocates:
Advocate Appeared:
For the Appellant :Mr. Suram Singh Rana, Advocate and Mr. Arvind Kumar Sharma, Advocate
For the Respondent: Mr. Aftab Singh Khara, Sr. DAG, Punjab.

JUDGMENT :

Kirti Singh, J.

The instant appeal is directed against the judgment of conviction dated 29.10.2009 passed by the learned Sessions Judge, Ludhiana whereby the appellant was convicted for commission of offence under Section 302 IPC in FIR No.63 dated 17.04.2006 registered at Police Station Division No.7, Ludhiana and vide order dated 29.10.2009 he was sentenced to undergo imprisonment for life and to pay fine of Rs.2000/-, in default of payment of fine to further undergo RI for six months. 

Factual matrix

2. The genesis of the prosecution is embodied in the FIR to which Ex.PD/2 is assigned. It is recorded therein that the present case was registered on the basis of the statement given by the complainant Ramji Rai (brother of deceased) before the police on 17.04.2006 to the effect that he alongwith his younger brother Vajra Rai were present in the dairy of Kuku No.48, Tajpur Road, Ludhiana and on reaching the dairy No.48-A they saw his brother Vajra Rai having an altercation with the appellant Harey Ram. The complainant Ramji Rai and Raju Kumar tried to pacify the appellant. However, he did not relent and gave a brick blow on the forehead of Vajra Rai and on an alarm being raised by them, the appellant ran away from the spot after throwing the brick. Blood was percolating from the forehead of Vajra Rai, brother of the complainant, who succumbed to the injuries received at the hands of the accused at the spot itself. The motive behind the occurrence was that both the deceased and accused were working in one dairy and they developed some dispute over nature of work to be done by them.

Investigation

3. The abovementioned statement Ex.PD of Ramji Rai was recorded by Balbir Singh, SHO, Police Station Division No.7, Ludhiana near police post Tajpur Road which was read over and explained to the complainant, who thumb marked the same after admitting the genuineness and correctness thereof and Balbir Singh Sub Inspector put his endorsement Ex.PD/1 thereon and sent the same to police station Division No.7, Ludhiana through Head Constable Devinder Singh where a formal FIR Ex.PD/2 was registered by Balwinder Singh ASI. Thereafter, Balbir Singh SI alongwith the complainant and police party reached the place of occurrence, inspected the spot, prepared inquest report Ex-PC on the corpse of Vajra Rai and also recorded the statement of Raj Kumar and Raju Kumar under Section 175 Cr.P.C.

4. From the place of occurrence Balbir Singh Sub Inspector seized blood stained earth, blood stained plastic bag and one blood stained brick which were converted into separate parcels and these parcels were sealed by Balbir Singh Sub Inspector with his seal bearing impression BS and seized vide memo Ex.PH. He wrote an application Ex.PB and sent the corpse of Vajra Rai for autopsy to the mortuary through Gurnam Singh Head Constable and Bhupinder Singh Constable. He also prepared the site plan of the place of occurrence Ex.PL and arrested the accused vide memo Ex.PM and also prepared personal search memo Ex.PN and intimation of arrest of accused memo Ex.PQ. Accused was wearing blood stained vest, blood stained pair of shoes which were seized vide memo Ex.PG, after converting these into separate parcels, which was sealed by Balbir Singh SI with his seal bearing impression BS. Thereafter, he alongwith accused and case property reached Police Station Division No.7, Ludhiana where Gurnam Singh Head Constable produced before him the clothes of the corpse of Vajra Rai which were converted into a parcel and that parcel was sealed by him with his seal bearing impression BS and seized that parcel vide memo Ex.PR and on return to the police station, he deposited the case property with seals intact with Baldev Singh MHC. He also took photographs of the place of occurrence and those photographs and negatives Ex.P4 to Ex.P11 were seized vide memo Ex.PS.

5. After completion of investigation by the investigating officer and all other formalities, the final report under Section 1