KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three brothers, Karnail Singh, Jarnail Singh and Janak Singh were named as accused in case FIR No. 41 dated 14.12.1994 registered at Police Station Talwara under Section 308 read with section 34 and section 316 IPC. Janak Singh was acquitted by the trial Court. The present appeal has been filed by Karnail Singh and Jarnail Singh. They have assailed the judgment rendered by Additional Sessions Judge, Hoshiarpur whereby they were convicted and sentenced under Section 308/34 IPC to undergo rigorous imprisonment for three years and to pay fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for three months. Both accused were further sentenced under Section 316 IPC to undergo rigorous imprisonment for three and a half years and to pay fine of Rs.2000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) In the present case, Sheela Devi had made a statement Ex.PA before Head Constable Harbans Lal on 20th November, 1994. The statement when translated reads as under:

(3.) The matter was investigated and report under Section 173 Cr.P.C. was submitted against the accused. The Court of Additional Sessions Judge, Hoshiarpur on 24th April, 1995 charged the appellant for offence under Section 308/34 IPC for having caused fist blows to Sheela Devi who was pregnant. They were further charged for offence under Section 316 IPC for causing death of a quick unborn child by giving kick blows to Sheela Devi. Prosecution examined Sheela Devi as PW-1. In her examination in chief, she stated as under: