Palwinder Singh vs State Of Punjab

2. The case of the prosecution as projected before the Court below was that the deceased Dr. Jasbir Singh was running a chemist shop in the village Wadala Banger, that on 20.08.1996 at 08:00 pm, the cousin of the deceased P.W.2 Gurmeet Singh, along with one Baldev Singh wanted to meet the deceased, that he was proceeding from Kalanaur in his scooter and that near Mir Kachana, near a brick kiln, they found people gathered around on the road and learnt that somebody was murdered. When they went to the spot P.W.2 found that his cousin Dr. Jasbir Singh was found dead with stab wounds and blood was oozing out. He also found the scooter belonging to the deceased lying nearby. He further found 100 rupee currency notes were also lying scattered around the deceased. P.W.2, thereafter, asked his companion Baldev Singh to remain at the spot and proceeded to lodge a report, which came to be registered as FIR No.115 under Section 302, 392 read with 34 IPC on 20.8.1996.

4. P.W.1 Dr. Kulwant Singh, conducted the postmortem examination on the body of the deceased on 21.08.1996. Exhibit PA is the postmortem certificate issued by him wherein, as many as 8 injuries were noted by him. At the instance of P.W.14, Om Prakash, P.W.12, the Investigating Officer, arrested four accused including the appellant on 26.08.1996. Based on the admissible portion of the confessional statement of the appellant, as well as the other accused, various recoveries were made including weapons, cash, two gold rings with the inscription ‘JSK’ and one wrist watch.

5. The prosecution examined 15 witnesses and marked PA postmortem certificate, PV and PX Report of Chemical Examiner and PY and PZ report of Serologists. When the incriminating circumstances were put against the appellant and the other accused under Section 313, they denied the same and pleaded that they have been falsely implicated. They also examined D.Ws.1 and 2 on their side. P.Ws.3 and 4 were examined as eye-witnesses of whom P.W.4 was treated hostile.

7. On appeal by all the four accused, the High Court by the judgment impugned in this appeal confirmed the conviction and sentence imposed on the appellant and acquitted the rest of the accused from all the charges.

6. Having considered the evidence of the prosecution, in particular the version of P.Ws.1 to 4, the medical report, the serologist report, chemical examiner’s report and the recoveries made at the instance of the accused, the trial Court found all the accused guilty of the offences alleged against them and while convicting them for the said offences, imposed the sentence of life with fine of Rs.2500/- each and in default to undergo further rigorous imprisonment for six months under Section 302 read with 34 IPC. For the offence proved under Section 392 read with 34 IPC, sentence of 10 years rigorous imprisonment with a fine of Rs.1000/- and in default to undergo rigorous imprisonment for three months was imposed. The sentences were directed to run concurrently.

19. Having reached the above conclusion, we find that the reliance placed upon the decision reported in Govindaraju alias Govinda (supra), as well as, Lallu Manjhi (supra) will be of no avail to the appellant. We say so, since we are convinced that the version of P.W.3 was wholly reliable and there was no reason to doubt his version in order to apply the principles set out in the above referred decisions.

20. We, therefore, do not find any merit in this appeal. The appeal fails and the same is dismissed.

May 08, 2013.