STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) These two appeals are directed against a common judgment of the Punjab & Haryana High Court dated 30th August, 1995 in Criminal Appeal No. 208-DB of 1994. In the said appeal, the present respondents questioned correctness of the order of conviction passed by the learned Sessions Judge, Amritsar. Accused-respondent Major Singh was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). The co accused Jeet Singh alias Ajit Singh, Mohinder Singh and Kulwant Singh were found guilty of offence punishable under Section 302 read with Section 34 IPC. Each of the accused was sentenced to imprisonment for life and to pay a fine of Rs.2,000/- with default stipulation. For the offence relatable to Section 460 IPC, each of the accused was sentenced to rigorous imprisonment for five years and to pay a fine of Rs.500/- with default stipulation.

(2.) Background facts as projected by the prosecution during the trial are as follows:

(3.) Placing reliance on the evidence of PW4, informant, the trial Court found the accused persons guilty and convicted and sentenced, as aforesaid. The main stand of the accused persons before the trial Court were (a) there was a delay in lodging the FIR (b) the injuries on the accused were not explained and (c) evidence of the complainant PW4, eye witness, was at variance with medical evidence and (d) there was no trail of blood seen by the Investigating Officer, though the complainant stated about the presence of a trail of blood when the accused persons dragged the deceased to the house of Ajit Singh alias Jeet Singh. The trial court negatived each of the contentions holding as follows: