PALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of Punjab & Haryana High Court at Chandigarh dated 12.09.2008 in Criminal Appeal No.350-DB of 1998.

(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.

(3.) P.W.11 the Assistant Sub-Inspector visited the place of occurrence, examined the body of the deceased, prepared the inquest report and sent the body for postmortem. He also collected the currency notes, which were in 100 rupee denomination, the scooter and a rope measuring about 24 feet, which was lying near the dead body. Blood stained earth was also collected from the spot.