SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTOKH Singh has been convicted for offences punishable under Sections 302, 307, 458 IPC and 27 of the Arms Act, 1959. The trial Court has proposed the penalties of death, imprisonment for life and fine for the indifferent offences. We have Murder Reference No. 1 of 1999. The accused has filed Criminal Appeal No. 43-DB of 1999. Both the cases have been heard together.

(2.) THE prosecution story has been revealed by Surinder Singh (PW3). He is the brother of the appellant. His statement Ex. PM was recorded by Assistant Sub-Inspector Gurbans Singh (PW14) on 23rd September, 1996 at 6.30 A.M. On the basis of this statement, the First Information Report (Ex. PM/2) was recorded at Police Station Kotwali, Barnala at 7.10 A.M. The occurrence is alleged to have taken place at 3.30 A.M. on 23rd September, 1996, in village Jhaloor at the residence of Surinder Singh. The Police Station, Barnala is at a distance of 12 kms. from the village. The special report had reached the Sub-Divisional Judicial Magistrate, Barnala on the same day viz. 23rd September, 1996 at 3.40 P.M. through constable Barinder Singh (PW12).

(3.) THE prosecution has rested its case on the medical and oral evidence. The medical evidence consists primarily of the statements of Dr. Narsi Ram (PW1) and Dr. Bhalinder Singh (PW2). Dr. Narsi Ram was posted as the Emergency Medical Officer at the Civil Hospital Barnala. He stated that on 23rd September, 1996, Santokh Singh (the present appellant) was brought to the Hospital by the Police. He was examined at about 7.20 P.M. He had found the following injuries on his person :-