SUDAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 828-DB of 2005 whereby the High Court has declined to entertain the appeal preferred by the appellants, namely, Saudagar Singh and Nahar Singh. Be it noted, during the pendency of this appeal, Nahar Singh has expired and accordingly the appeal qua him has already been dismissed.

(2.) The facts, in brief, are that the deceased Teja Singh Tufan was traveling with his wife, Darshan Kaur, the complainant PW 4 near Patiala Railway Crossing. At that juncture, Saudagar Singh came and stopped the vehicle, as a result of which, both husband and wife fell down on the road. No sooner did they fall down on the road than late Nahar Singh, son of the appellant, inflicted severe blows with the knife, as a consequence of which Teja Singh Tufan suffered injuries and eventually after being carried to the hospital in a jeep breathe his last. After an FIR was lodged by the wife, the criminal law was set in motion and the investigation commenced. The autopsy of the body was conducted, witnesses were examined and after completing further formalities charge-sheet was filed against the four accused persons, namely, Saudagar Singh, Nahar Singh, Najam Singh @ Roshan Singh and Nikka Singh. The prosecution examined number of witnesses and marked series of documents and relying on the same, the Court of Session convicted Saudagar Singh, Nahar Singh and Najam Singh under Sec. 302 Penal Code and sentenced them to suffer rigorous imprisonment for life. However, it acquitted Nikka Singh.

(3.) In a motion of appeal, the Division Bench of the High Court found that prosecution has not been able to substantiate the charges levelled against Najam Singh alias Roshan Singh and accordingly acquitted him. As far as Saudagar Singh and Nahar Singh are concerned, they stood convicted.