STATE OF PUNJAB Vs. MANJIT SINGH AND ORS

JUDGEMENT

(1.) This order shall dispose of Murder Reference No. 3 of 2008, Criminal Appeal Nos. 7-DB of 2008 and 25-DB of 2008 arising out of judgment of conviction dated 11.12.2007 vide which Manjit Singh son of Jaswant Singh, Satwant Singh son of Hakam Singh, Harwinder Singh @ Binder Singh son of Ajit Singh and Harjinder Singh son of Dalip Singh were convicted for the culpable homicide amounting to murder of Baghel Singh son of Harjinder Singh (aged 20 year) and order of sentence dated 19.12.2007 sentencing the above- named accused to death, subject to confirmation of this Court.

(2.) Criminal Appeal No. 7-DB of 2008 has been preferred by Manjit Singh, Satwant Singh and Harwinder Singh (hereinafter referred as 'the assailants') and Criminal Appeal No. 25-DB of 2008 has been filed by Harjinder Singh against the judgment of conviction and order of sentence.

(3.) The prosecution case was set in motion on the letter (Exhibit P.1) of one Manandeep Singh addressed to the Principal, Lala Lajpat Rai Memorial Polytechnic, Ajitwal, Moga on 22.1.2003. Manandeep Singh, a student of the aforesaid college, has reported in respect of incident happened at about 9.15 PM on 2 1.01.2003. He has stated that yesterday night, Baghel Singh, a student of college (Roll No. 308/2K) met him at STD booth. He made a telephone call from that STD booth. After call, he had his dinner at Babu Chicken Center. He was with him all this time. Then he came to Sandhu Patti Gurudwara alongwith him from where they went to their respective rooms. At about 10.15/10.30 PM, Baghel Singh came running to his room and told him that 4-5 persons are drinking liquor in his room by breaking upon the locks. He has come after closing door earl and requested him to call landlord and that he is going to his room. Manandeep Singh went to the house of his landlord. Due to night time, all of them were sleeping and none responded. Thereafter, he went towards his (Baghel Singh) room. A person came out and asked him to go from the spot. The said person went towards G.T. road. He went to his room. In the morning, he went to the room of Baghel Singh, but found him absent. Door of his room was lying broken. He felt that things are not right. He sought action be taken. The Principal of the college forwarded the letter to the SHO, P.S. Mehna. On the basis of such communication, SI Ajaypal Singh SHO, P.S.Mehna, sent ruqa Exhibit P.12 to the Police Station at about 3.30 PM for registration of FIR. FIR Exhibit P.13 for the offences punishable under Sections 363/452/149 IPC was lodged at 4.00 PM.