SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUKHDEV Singh and Mohinder Singh were the accused before the trial Court. Accused Sukhdev Singh alone was convicted for offence under Section 304 Part II of the IPC. He has preferred the present appeal and the other accused Mohinder Singh was acquitted of the charge.

(2.) THE brief case of the prosecution is that on 6.9.2000, at about 2.45 p.m. PW5 Kamal Parkash, brother -in -law of Prabhu Ram was standing alongwith Prabhu Ram on the Chakki Bridge. A bus bearing registration No. HP38 -3637 driven by accused -Appellant Sukhdev Singh arrived over there. The passengers in the bus started alighting therefrom and some of the passengers started boarding the said bus. As accused Sukhdev Singh did not move the bus on time, Prabhu Ram who was the owner of yet another bus asked accused Sukhdev Singh to take the bus from that place. Accused Sukhdev Singh retorting that he would take the bus only after it was fully packed with the passengers raised lalkara, got out of the bus and throttled the neck of Prabhu Ram. The second accused Mohinder Singh gave fist blows to Prabhu Ram. Prabhu Ram fell down unconscious. Both the accused boarded the bus and sped away from the scene of occurrence. PW6 Ramesh Kumar, conductor of the bus owned by Prabhu Ram had also witnessed the occurrence.

(3.) THE FIR was lodged with the police on 7.9.2000 at about 2.30 a.m. The special report reached the Court of Judicial Magistrate on 7.9.2000 at 3.15 p.m. PW1 Dr. Raj Kumar alongwith other team of Doctors conducted the post mortem examination on the dead body of Prabhu Ram at about 2.00 p.m. on 7.9.2000. Having found contusion on the right and left side of the neck of Prabhu Ram, PW1 gave a finding that Prabhu Ram had died due to asphyxia on account of throttling. PW7 ASI Pal Chand having conducted the investigation laid final report as against both the accused.