AMRIK SINGH Vs. STATE

JUDGEMENT

(1.) THE Appellants Lokpal (since deceased) and Amrik Singh impugn the judgment dated 07.02.1998 and order on sentence dated 11.02.1998 whereby they were convicted for the offences punishable under Section 302/452/34 of the Indian Penal Code (IPC) and were sentenced to undergo life imprisonment and to pay fine of ' 5,000/- each for the offence punishable under Section 302 read with Section 34 IPC; were sentenced to undergo Rigorous Imprisonment for three years and to pay fine of ' 5,000/- each for the offence punishable under Section 452 read with Section 34 IPC.

(2.) THE Appellant Lokpal died during pendency of the Appeal and by order dated 15.02.2011 the proceedings against him were ordered to have abated in Criminal Appeal No.72/1998. In fact, co-accused Chander Pal, Vikram Singh and Prem Kumar also faced trial with the Appellant; they were acquitted by the Trial Court by the impugned judgment on the ground that there was no evidence to show that they shared common intention with the Appellants.

(3.) ON the statement of Ved Prakash, SI Ashok Rana made endorsement Ex.PW-16/B for registration of a case under Section 307/452/34 IPC. The IO collected the blood, bloodstained earth, earth control, three lead bullets. The MLC of the injured Sultan Singh (PW-2) was also collected. The same afternoon, the deceased Ved Prakash was shifted from Jaipur Golden Hospital to Batra Hospital where he succumbed to the injuries on 08.06.1992.