(1.) This appeal is directed against judgment and order dated 9.4.2003 passed by the Sessions Judge, Amritsar, whereby in case FIR No. 162 dated 20.8.2001 Under Section 302 read with Section 34 IPC, Police Station 'C' Division, Amritsar, the accused-appellants have been convicted under Section 302/34 IPC, for having committed the murder of Azad Kumar @ Jhaji and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- each and in default of payment of fine, to further undergo imprisonment for a period of six months each.
(2.) In brief, the prosecution case is that on 20.8.2001 complainant Sajan Kumar made statement before the police that on that day at about 11 A.M., his brother Azad Kumar alias Jhaji was sitting under the trees in Sakattri Bagh near water tank. When he (complainant) and his another brother, namely, Rajan Kumar had reached the said Sakattri Bagh, they saw accused Baldev Singh, Gulzar Singh and Sucha Singh coming to that place. On reaching there, all the three accused started hurling abuses at complainant's brother, Azad Kumar alias Jhaji and when Azad Kumar @ Jhaji objected, they raised Lalkara stating he (Azad Kumar @ Jhaji) had picked up a quarrel with them few days ago and thereafter, accused Gulzar Singh and Sucha Singh caught hold of Azad Kumar @ Jhaji while accused Baldev Singh gave a blow with Chhuri, which he was having with him, in his stomach. As a result thereof, blood started oozing out of the said injury and then accused Gulzar Singh and Sucha gave fist blows on his mouth and nose and when he raised hue and cry, the accused fled away. Then Azad Kumar @ Jhaji was taken to the Civil Hospital where he was declared dead. On the statement of the complainant, a formal FIR vide Exhibit PH/3 came to be registered against the accused persons. Sub Inspector Gurdev Singh then reached the hospital and inquest report, Exhibit PB, was prepared for getting the post-mortem examination conducted. On inspection of place of incident by SI Gurdev Singh, blood stained earth was lifted therefrom and made into parcel which was sealed with his seal 'GS' and taken into possession vide memo. Exhibit PM. Rough site plan, Exhibit PN, of the place of incident was prepared and statements of witnesses recorded. On the same day, the accused persons were arrested from Dana Mandi Bhagtanwala and a Chhuri was recovered from the possession of accused Baldev Singh. The sketch, Exhibit PE/2, was prepared of the Chhuri Exhibit P1, and the Chhuri was taken into possession vide memo. Exhibit PE/3 after making it into a parcel which was then sealed vide seal 'GS'. Upon completion of investigation of the case, accused-appellants were challaned. After being produced in Court, the accused Baldev Singh was charge-sheeted under Section 302 IPC while the accused, Gulzar Singh and Sucha Singh were charge-sheeted under Section 302 read with Section 34 IPC to which they pleaded not guilty and claimed trial.
(3.) The prosecution in order to prove the charge against the accused, examined PW-1 Dr. Guriqbal Singh, PW-2 Constable Gurnam Singh, PW-3 LC Ganga Singh, PW-4 Sajan Kumar, PW-5 Rajan Kumar, PW-6 Rishi Ram Draftsman, PW-7 Constable Prem Kumar, PW-8 Dr. Ashwani Kumar Sondhi and PW-9 SI Gurdev Singh and after tendering into evidence the report of the Forensic Science Laboratory vide Exhibit PQ, closed its evidence.