RAJBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been instituted against the judgment and order dated 20.04.2005 rendered by the Additional Sessions Judge, Amritsar, in Sessions Trial no.24 dated 14.06.2004 whereby the appellants were charged with and tried for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (in short 'IPC') and Section 201 IPC. The appellants were convicted and sentenced as under:-

(2.) The case of the prosecution in a nutshell is that Dilbagh Singh resident of village Boharwala had come to Amritsar on 09.11.2003 at about 3.00/4.00 P.M. He did not come back. On 11.11.2003, Sukhwant Kaur wife of late Dilbagh Singh received a message from police through Gurlal Singh. She along with Rajbir Singh and others went near Mental Hospital, Amritsar. The dead body of Dilbagh Singh was lying. DDR no.11 dated 11.11.2003 was recorded. Inquest report was prepared. The post-mortem was conducted. Viscera was sent to the office of Chemical Examiner, Patiala. The report of Chemical Examiner was received on 07.01.2004. According to the Chemical Examiner Report, chloro compound group of insecticides was detected in the viscera of the deceased. Statement of Sukhwant Kaur was recorded by the police on 25.02.2004 on the basis of which FIR Ex.PD/3 was registered. The matter was investigated. Challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of the appellants were recorded under Section 313 Cr.P.C. They denied the case of prosecution. The appellants were convicted and sentenced, as noticed hereinabove. Hence, this appeal.