NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been instituted against the judgment and order dated 27.09.2007 rendered by the learned Sessions Judge, Mansa, in Sessions case no. 07 dated 31.08.2005 whereby, the appellant along with co-accused Sukhwinder Singh, Charanjit Singh and Raj Kumar was charged with and tried for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short 'IPC'). The appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of five months. However, the co-accused of the appellant were acquitted.

(2.) The case of the prosecution, in a nutshell, is that MLR of Hardeep Singh son of Hazur Singh was received in Police Station City Mansa on 29.05.2005. ASI Gurcharan Singh went to the Civil Hospital, Mansa. He moved an application Ex. PF. The doctor made an endorsement Ex. PF/1 declaring the patient unfit to make statement. There was no other person present with the injured who could be the eye witness. The endorsement Ex. PF/1 was made by the doctor at 3.40 A.M. ASI Gurcharan Singh again went to the hospital and filed an application Ex. PG upon which the doctor made an endorsement Ex. PG/1 that the patient was referred to DMC and Hospital, Ludhiana, at 06.15 AM. Nobody contacted the ASI. On 30.05.2005 ASI Gurcharan Singh was proceeding to DMC and Hospital, Ludhiana along with other police officials. He received a telephonic message from MHC Prem Kumar of Police Station at 11.00 AM on the cell phone of the Investigating Officer that injured Hardeep Singh had expired. The Investigating Officer went to Police Station Division no. 8, Ludhiana. He collected ruqa received from DMC and Hospital, Ludhiana. The dead body of Hardeep Singh was received at about 04.30 PM. Harmeet Kaur wife of Hardeep Singh was present in DMC and Hospital, Ludhiana. FIR Ex. PH was registered. The version of the prosecution is that three days before 30.05.2005 deceased Hardeep Singh and accused Raj Kumar, an employee of Government Hospital, Mansa, had jointly purchased a maruti car. On 27.05.2005 Raj Kumar came along with Nachhattar Singh alias Gora accused for taking car. Hardeep Singh refused to hand over the car. Accused were under the influence of liquor. On 28.05.2005 Nachhattar Singh alias Gora, Raj Kumar and Sukhwinder Singh alias Ghilli accused came to the house at about 05.00 PM for taking car from Hardeep Singh. Hardeep Singh told them that they would discuss the matter in the godown of Gas Agency of Charanjit Singh. The dead body of Hardeep Singh was sent for post-mortem examination. The post-mortem was conducted. The cause of death was shock and haemorrhage due to injury found on the dead body of Hardeep Singh. The injury was ante mortem and sufficient to cause death in ordinary course of nature. The investigation was completed. Challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of the appellant and co-accused were recorded under Section 313 Cr.P.C. They denied the case of prosecution. The appellant was convicted and sentenced, as noticed hereinabove. However, his co-accused were acquitted. Hence, this appeal.