MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of aforesaid criminal appeals, arising out of judgment/order dated 23.4.2002, convicting the accused-appellants for the offences punishable under Sections 302/34 IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs.1000/- each. In default of payment of fine, the accused were to further undergo rigorous imprisonment for a period of six months.

(2.) The prosecution case was set in motion on the statement of ASI Kashmir Singh, which is to the effect that on 11.5.1999, he alongwith other police officials while checking vehicles at a picket (naka) at Chowk Maqboolpura, heard noise 'Mar Ditta Mar Ditta' from the side of Guru Ram Dass Dental Hospital, Amritsar. Thereafter, he rushed to that side. LC Kulbir Singh was also present alongwith the other police officials. He saw Jagdish Singh son of Swaran Singh resident of Gali No.1, Maqboolpura, who is known to him and another person, who was 'Mulla Fashion' slim body, wearing pant shirt, were quarreling with unknown rickshaw puller by the side of metalled road. Jagdish Singh caught hold of that rickshaw puller from neck. The other person gave blow of dagger in left flank of rickshaw puller. On seeing the police party, both persons ran away to katcha path by the side of drainage. The accused were chased by him and other co- officials, but the accused escaped due to darkness of night. The entire occurrence was seen in the light of street light. The rickshaw puller was bleeding in the left flank. His body was smeared in blood and he was unconscious. Rickshaw was standing nearby. After arranging the conveyance, the injured has been sent to Emergency of Guru Nanak Dev Hospital.

(3.) The said information was sent to the Police Station at 11.05 PM, on the basis whereof FIR No.72 dated 11.5.1999 was lodged. The special report was received by the Magistrate of the concerned area at 10.00 AM next day i.e. 12.5.1999. Both the accused were arrested 12.5.1999 and were made to stand trial after completion of investigation. The post-mortem examination was conducted on 12.5.1999. As per post-mortem report (Ex.PE), one incised wound was found on the left lateral chest wall and the cause of death was injury on left lung and heart (vital organ), which was sufficient to cause death in the ordinary course of nature. To prove its case, the prosecution examined ASI Kashmir Singh as PW-5, LC Kulbir Singh as PW-6 and Investigating Officer Jasdip Singh as PW-8 apart from other witnesses. After going through the evidence on record, the learned trial Court returned a finding that the prosecution has been able to prove the guilt of the present appellants beyond a reasonable doubt and sentenced them for life imprisonment, as mentioned above.