JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 05.02.2005 passed by the Sessions Judge, Amritsar.

2. The FIR was registered on 17.02.2003, the judgment of conviction and order of sentence passed by the Sessions Judge, Amritsar is dated 05.02.2005, the appeal was filed on 28.03.2005 and the matter is being taken up for hearing now i.e. after a period of 22 years from the date of registration of the FIR.

3. The prosecution story, in brief, is that Dilbagh Singh alias Bagha deceased had illicit relations with the daughter-in-law of the brother of the accused and on that ground, he was nourishing a grudge against him. On 17.02.2003. he, alongwith his father Chanchai Singh, PW5 was coming back to his house in a rickshaw after loading a bag of feed from the house of Gurmit Singh Dodhi, resident of Panjwar. At that time, he was pedalling the rickshaw whereas Chanchai Singh (complainant) was sitting on the back seat thereof. When at about 8.00 am, they reached in front of the place of Baba Balmik, the accused came there from the back side holding a Ghotna (round wooden bat meant for grinding salt etc) and gave a blow with the same on the head of the deceased, as a result of which he fell down with his face downward. Thereafter the accused gave two other blows on his forehead. The complainant raised an alarm upon which the accused escaped from that place with the ghotna. In the meanwhile, on hearing the alarm Sukha Singh and Kartar Singh, PW6 also came to the spot. As a result of the injuries, the deceased died at the spot itself. After leaving Kartar Singh by the side of the dead body and accompanied by Sukha Singh, the complainant was proceeding to the police station to lodge the report, when Piara Singh, SHO (PW7) alongwith other police officials, met them on the G.T. Road near the turning of Panjwar. At that place, the complainant made his statement, Ex.PH about this occurrence before the SHO, who after making his endorsement, Ex.PH/2 upon the same, sent it to the police station on the basis of which FIR EX.PH/3 under section 302 IPC was recorded against the accused. The SHO accompanied by the complainant and others went to the spot and after inspecting the same, prepared a rough site plan, Ex. PI with correct marginal notes. He collected the bloodstained earth from the place which was put in a sealed plastic box. The box was converted into a parcel and was sealed by the SHO with his seal, PS. The sealed parcel was taken into possession vide memo, Ex. PJ. One blood stained pama, Ex. P2 and one bloodstained chadhar Ex.Pl were recovered from the spot. Those were converted into a parcel which was sealed by the SHO with his seal, PS and was taken into possession vide memo, Ex. PK. The rickshaw loaded with a bag of feed was also found at the spot and those were taken into possession vide memo, Ex. PL. The SHO prepared the inquest report, Ex.PB in respect of the dead body and sent the same for post mortem examination to Civil Hospital, Tam Taran, alongwith his application, Ex.PA through Jasbir Singh, PW2 and Harbans Lal, constable.The autopsy on the dead body was performed on the same day by Dr. Dilbagh Singh, PW1, who found two ante-mortem injuries on the same and gave his opinion that the cause of death was due to those injuries which was sufficient to cause the death in the ordinary course of nature. After the post-mortem examination, the trousers Ex.P3, shirt Ex.PA and vest Ex.P5, found on the dead body, were produced before the SHO by Jasbir Singh, LC and the same were taken into possession vide memo, Ex. PM. On coming back to the police station, the SHO deposited the case property with Kanoj Kumar, MHC, PW8.

4. On 23.02.2003, the SHO, alongwith other police officials and the complainant, was present at Bus Stand, Khekhardin. At that place, the accused was identified by the complainant and was arrested. He was produced before the Judicial Magistrate 1st Cl