JASMER SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasmer Singh @ Sukha, appellant, has preferred this appeal to challenge the judgment of conviction and order of sentence dated 30.10.2002 passed by Additional Sessions Judge, Ropar, in Sessions Case No. RT-40 dated 27.2.1999, arising out of FIR No. 108 dated 28.8.1998 under Section 302 IPC, Police Station Kharar, vide which, the appellant has been convicted under Section 302 IPC and sentenced to undergo RI for life and to pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo RI for one year.

(2.) Prosecution story, in brief, is that on 28.8.1998 at about 10.00 AM, SHO-Inspector Jasdev Singh, while present in his office, received a telephone call to the effect that on 2.8.1998 at about 1.00 PM, Jasmer Singh @ Sukha, Avtar Singh, Surinder Singh son of Surjan Singh and Surinder Singh son of Ajit Singh gave merciless beatings to an unknown person near the tubewell of Jasmer Singh, situated near Chhaju Majra road, resulting into death. After causing the murder and to destroy the evidence, the dead body was buried in the fields of Mehar Singh. The SHO had enquired about the identity of the caller but the caller stated that the information is correct and then disconnected the telephone without disclosing his identity. In view of telephone call, i.e., information, formal FIR under Sections 302/201/34 IPC was registered. Special report was delivered to the Ilaqa Magistrate at 5.45 PM on 28.8.1998.

(3.) Inspector Jasdev Singh, along with a police party, had visited the fields of Mehar Singh, which is under cultivation of one Jasmer Singh, who was found present in the fields. Jasmer Singh was taken into custody and interrogated. On interrogation, he suffered a disclosure statement that he, along with Avtar Singh, Surinder Singh son of Surjan Singh and Surinder Singh son of Ajit Singh, gave beatings to one unknown person.