STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) BY this judgment, we dispose of Crl. Appeal No. 363-DBA of 1991, State of Punjab v. Avtar Singh, filed by the State, Crl. Appeal No. 141-SB-91 Avtar Singh v. State of Punjab, filed by Avtar Singh accused- appellant, and Crl. Revision No. 635 of 1991 Kashmir Singh v. Avtar Singh, filed by Kashmir Singh, complaint, as all these three cases have arisen from common judgment, dated 27.3.1991, passed by the learned Sessions Judge, Jalandhar who convicted Avtar Singh accused-appellant under Section 304 Part I of the Indian Penal Code and sentenced him to undergo R.I. for 7 years and to pay a fine of Rs. 5000/-. In default of payment of fine the accused was ordered to undergo further R.I. for six months. The State is not happy with the finding given by the trial Court and it has been prayed by the State that conviction and sentence ought to have been passed by the trial Court under Section 302 I.P.C. Similarly, the complainant is not satisfied with the order of the trial Court and has filed a Crl. Revision. Shri Avtar Singh has also filed an appeal and he has made a prayer for total acquittal.

(2.) THE briefs facts of the case are that Shri Avtar Singh son of Karam Singh resident of Shahpur, aged 40 years, at the time of his trial, was charge- sheeted under Section 302 of the Indian Penal Code, on the allegations that on 17.5.1989, at 9.00 P.M. in the area of Shahpur, he committed the murder of Shangara Singh son of Shri Santa Singh, resident of Shahpur.

(3.) ASI Kashmir Singh started the investigation of this case. He visited the place of occurrence. The dead body was lying in the house of Shangara Singh. The Thanedar prepared the inquest report Ex.PC in the presence of Sukhwinder Singh and Harbans Singh. He also recorded their statements in the inquest proceedings. He prepared request Ex.PB for post-mortem examination and the dead body of Shri Shangara Singh was despatched to the mortuary for post- mortem examination under the custody of Bachitar Singh and Askaranjit Singh constables. The Thanedar inspected the place of occurrence and he took into possession blood stained earth and made a sealed parcel thereof vide recovery memo Ex.PF. He also took into possession the ordinary earth from the place of occurrence and made a sealed parcel thereof vide recovery memo Ex.PF. He prepared the rough site plan Ex.PG with correct marginal notes. He recorded the statements of the witnesses. After the post-mortem examination the constable produced before the Thanedar the clothes of the deceased which were taken into possession vide recovery memo Ex.PH. On return to the Police- station, the Thanedar handed over the sealed parcel of the blood stained earth with Moharrir Head Constable with seals intact. He made a search of the accused in order to arrest him but he was not available.