STATE OF PUNJAB Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS appeal by special leave by the State of Punjab is directed against the judgment of the High Court of Punjab & Haryana in Criminal Appeal No. 207(DB) of 1983 in so far as it relates to the acquittal of accused No. 2, Surjit Singh, the respondent herein. The Sessions Judge of Amritsar had convicted one Harcharan Singh (Accused No. 1) under S. 302, Indian Penal Code, and his younger brother Surjit Singh (Accused No. 2), the respondent herein under S. 302 read with S. 34. Indian Penal Code, for having committed the murder of one Harjinder Singh on 13/10/1982 and sentenced both of them to undergo imprisonment for life. In the appeal filed by the two accused, the High Court confirmed the conviction and sentence awarded to Accused No. 1 but set aside the conviction of the respondent (Accused No. 2) and acquitted him. The acquittal of the respondent is challenged in this appeal.

(2.) THE facts of the case can be set out with advantage with reference to the genealogical table given below :- <IMG>JUDGEMENT_520_1_1987Image1.jpg</IMG>

(3.) ON receipt of intimation from the hospital, Ajit Singh, A. S. I. of Police proceeded to the hospital and recorded a statement Exhibit P-2 from Gurcharan Singh between 11.25 a.m. to 12.15 p.m. A case was registered against both the accused and a copy of the Special Report was delivered to the Magistrate at 2.35 P.M. the same day.