TAJINDER SINGH @ KAKA Vs. STATE

JUDGEMENT

(1.) The appellants Bhupender Singh and Tajinder Singh impugn their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) for murder of Amarjeet Singh on 19th November, 2007. By order of sentence dated 14th November, 2011, the two appellants have been sentenced to life imprisonment and fine of Rs.5,000/- each. In default of payment of fine, they have to undergo Simple Imprisonment of one year each.

(2.) Homicidal death of Amarjeet Singh aged about 17 years cannot really be disputed and has been established beyond doubt by Dr. B.N. Mishra (PW-14), and Ranjeet Singh (PW-3). PW-14 had along with Dr. Sushil Kumar Chaurasia conducted post mortem on the dead body of Amarjeet Singh and proved the post mortem report (Ex.PW-14/A), which was signed by him as well as Dr. Sushil Kumar Chaurasia. Cause of death as opined was cardiogenic shock (haemorrhagic shock) caused by rupture of heart consequent upon stabbing by a sharp pointed weapon like knife.

(3.) Ranjeet Singh (PW-3), father of Amarjeet Singh has deposed that his son was murdered on 19th November, 2007 and he identified the dead body of his son at DDU Hospital Mortuary. His statement was marked Ex.PW-3/A. MLC (Ex.PW-21/A) of deceased Amarjeet Singh was proved by Dr. Ajay Sharma (PW-21). The MLC records that the patient was brought dead by his brother Tirlok Singh with history of assault on 19th November, 2007 at about 9.00 P.M. in DDU Hospital. The MLC was prepared by Dr. Sanjeev Kumar, who had left service, but his signatures and handwriting were identified by PW-21 as Dr. Sanjeev Kumar had worked under his supervision.