NIRMAL SINGH Vs. STATE

JUDGEMENT

(1.) The Appellants Nirmal Singh and Baldev Singh impugn the judgment dated 12.01.1998 and the order on sentence dated 22.01.1998 whereby they were convicted under Section 302/34 of the Indian Penal Code (Code) and each of them was sentenced to undergo imprisonment for life and to pay a fine of 2,000/- or in default to undergo SI for two months.

(2.) Facts of the case, bereft of unnecessary details, are that on receipt of DD No. 52-B recorded in Police Station (PS) Adarsh Nagar on 11.04.1993 at 10:50 P.M. to the effect that Kashmira Singh son of Gurbux Singh, resident of Village Jora Singha, PS Batala, District Gurdaspur was brought to Hindu Rao Hospital by one Nirmal Singh, son of Sohan Singh, resident of A-35, Majlis Park. Kashmira Singh (the deceased) was declared "brought dead" to the hospital. SI Nand Kishore (PW-14) along with Constable Krishan Kumar reached the hospital and on inspection of the dead body, PW-14 noticed that lot of blood had come out of the injury on the back side of the head of the deceased, he tried to search for the said Nirmal Singh in the hospital, but in vain.

(3.) He (SI Nand Kishore) therefore proceeded to A-35, Majlis Park (residence) and then to A-20 Sarai Peepal Thala (office) of Nirmal Singh. He was, however, not available.