LACHHMAN SINGH @ ROOPA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this judgment we shall dispose of Criminal Appeal No. D-492-DB of 2009, Criminal Appeal No.D-1079 DB of 2009 and Criminal Revision No.2210 of 2009, as these are off shoot of the same judgment of conviction and order of sentence dated 1.4.2009 passed by the Court of Additional Sessions Judge, Moga, in Sessions Case No.114 of 12.8.2006 in respect of FIR No. 70 dated 19.4.2006 registered in Police Station, Dharamkot, under Section 302/34 of the Indian Penal Code (hereinafter referred to as "IPC") whereby Lachhman Singh @ Roopa son of Chand Singh has been convicted and sentenced for an offence punishable under Section 302 IPC as detailed hereinbelow and his co-accused, Jagwinder Singh @ Kaka son of Chand Singh has been acquitted of the offence:-

(2.) This case relates to the murder of Baljit Kaur wife of Lachhman Singh and Hardeep Singh, son of Nirmal Singh. The occurrence in question took place on 19.4.2006 at about 2-00 p.m. in the house of Lachhman Singh situated at village Talwandi Mallian, District Moga. The first information report was lodged by Harkanwal Singh, cousin brother of Hardeep Singh, which led to the registration of formal FIR Ex. P1/B, in Police Station Dharamkot. During investigation of the case, dead bodies of Baljit Kaur and Hardeep Singh were got post mortem examined after inquest proceedings conducted by the Investigating Officer. Accused Lachhman Singh was arrested on 19.4.2006. Blood was lifted from the spot and was taken into possession after preparing sealed parcel. The blood stained bed sheet, chuni, and other clothes stained with blood were also taken into police possession. Belongings of the deceased after their post mortem examination were also taken into police possession on 28.4.2006.

(3.) The case was committed to the Court of Sessions as offence under Section 302 IPC is exclusively triable by the Court of Sessions. Both the accused were charge sheeted for commission of offence punishable under Section 302 IPC while invoking the provisions of Section 34 IPC against accused Jagwinder Singh. The accused did not plead guilty and claimed trial.