BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhupinder Singh and Dharam Singh, appellants, were tried by the Sessions Judge, Ropar, for commission of an offence under Section 302 read with Section 34 of the Indian Penal Code. Sessions Judge come to the conclusion that the charge against the accused has been fully proved. He, therefore, convicted the accused under Section 302 read with Section 34 IPC. Sessions Judge awarded the sentence of life imprisonment to Bhupinder Singh and Dharam Singh and also ordered them to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for four months. Hence, this appeal.

(2.) Bhupinder Singh and Dharam Singh, accused, were tried for the murder of Jaswindar Singh on 15.9.1988. According to the prosecution offence was committed in village Charian at about 6 P.M. According to the prosecution case, Jaswinder Singh was found missing on 15.9.1988. The matter was reported to the police. Bant Singh, nephew of Amarjit Singh, Panch, Baldev Singh, Lamberdar Piara Singh and other were making efforts to search Jaswinder Singh. They found the dead body bf Jaswindar Singh in a pond. A.S.I. Kartar Singh reached the spot and prepared the site plan. Postmortem was conducted by Dr. Rajinder Kumar who appeared as P.W. 1. Postmortem. was conducted on 18.9.1988. From the post-mortem report, the following injuries were found on the body of Jaswinder Singh, deceased:

(3.) According to the opinion of the doctor cause of death was azphysiz, haemorrhage and shock as a result of injuries on the neck. The doctor opined that the injury on the neck of the deceased was sufficient to cause death in the ordinary course of nature. The case was investigated by Sub Inspector, Bikkar Singh, P.W. 13. According to the prosecution, accused made extra-judicial confession before Karam Singh, P.W. 7, who had produced the accused before the police. Nasib Singh, P.W. 8, had seen the accused with the deceased, Jaswinder Singh on 15.9.1988 and he learnt about the death of Jaswinder Singh on next day.