KAMALJEET SINGH Vs. STATE

JUDGEMENT

(1.) The challenge in the present appeals filed by the appellants is to the common judgment on conviction dated 22.04.2016, passed by the Trial Court, in SC no. 102/2013 arising out of FIR No.24/2012, P.S. Swaroop Nagar, whereby the appellants have been held guilty for the offences punishable under Sections 302/326/34 IPC. The appellants have also challenged the order on sentence dated 23.04.2016, whereby all the three appellants were sentenced to:

(2.) Since the common judgment of conviction and order on sentence have been challenged by all the three appellants, Ramanjeet Singh (accused no.1), Manpreet (accused No.2) and Kamaljeet Singh (accused no.3), the individual appeals filed by them are being taken up together for hearing and disposal.

(3.) The prosecution case started with the Police Control Room (PCR) receiving a call at 23:16:37 hours on 10.02.2012 from mobile phone No.7428374690, to the effect that "House No. J-964, Gali No.2, Swaroop Nagar-Kayi Log H-Jo Kirpan Nikal Kar Lad Rahe H". In the meantime, the said information was also forwarded to the local police which was recorded vide DD No.64-B (Ex.PW-1/A) at 11:27 p.m. The above DD was handed over to SI Krishan Kumar (PW-15), who reached the spot and noticed blood, two pairs of slippers (four chappals) of red and brown colour, one cap of red and black colour lying in the side lane of House No. J-964. Finding nobody at the spot, he made some enquiries and came to know that the injured had been taken to BJRM hospital. On reaching BJRM hospital, he found that, pursuant to a quarrel, some persons had been admitted in the hospital. One of them was declared 'brought dead' and the other, an injured (Surender) was receiving treatment. The family members of the deceased and the injured were also present there.