STATE OF PUNJAB Vs. BIRA SINGH

JUDGEMENT

(1.) The respondents were tried by the learned Judge, Special court for an offence under Section 302, Indian Penal Code for an occurrence which took place on 13/4/1984 resulting in the death of Amarjit Singh. The trial court after appraisal of the evidence acquitted Amar Singh and Gurdev Singh, Respondents 2 and 3, but convicted Bira Singh, Respondent 1 for an offence under Section 304 Part II Indian Penal Code after acquitting him of the offence under Section 302 Indian Penal Code. Keeping in view the age of Bira Singh (then 18 years) the trial court, however, gave him the benefit of the Probation of Offenders Act and directed him to furnish a bond in the sum of Rs. 1,000. 00 with one surety in the like amount to keep peace, be of good behaviour and to attend the court as and when called upon to do so for a period of two years. The State of Punjab being aggrieved of the order of the learned Judge, Special court dated 28/2/1985 has come up in appeal.

(2.) We have heard learned counsel for the parties, whereas Bira Singh. Respondent I when examined under Section 313 Criminal Procedure Code admitted having caused an injury to the deceased Amarjit Singh, Amar Singh and Gurdev Singh respondents 2 and 3 denied the prosecution case and alleged false implication.

(3.) We have gone through the judgment of the learned Judge. Special court as also the evidence on the record. In our opinion, the appreciation of the evidence by the trial court is sound and proper and it appears to us that the trial court rightly found that the prosecution had not been able to establish the case against Amar Singh and Gurdev Singh- The reasons given by the trial court are cogent and appeal to us. The acquittal of Amar Singh and Gurdev Singh is well merited and does not call for any interference.