SURINDER KUMAR Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment dated 27th February, 1989 passed by the Court of Sessions Judge, Chandigarh who convicted the appellant under Section 304 Part (1) of the Indian Penal Code and sentenced him to undergo RI for a period of seven years and to pay a fine of Rs. 500/-. In default of payment of fine, the appellant was directed to undergo RI for a further period of one year.

(2.) THE appellant Shri Surinder Kumar, along with his three companions, was charge-sheeted under Section 302/34 of the Indian Penal Code on the allegations that he on 3rd November, 1987 at about 8.30 P.M., in the Railway Colony, Manimajra, in furtherance of their common intention which was to commit the murder of Ishwar Singh son of Gurdas Singh, caused his death and thereby Surinder Singh allegedly committed the offence punishable under Section 302 IPC, while his companions committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. It may be mentioned here that the three companions of the appellant Shri Surinder Kumar were acquitted by the learned trial Court and the appellant alone was convicted and sentenced in the manner as stated above.

(3.) THIS submission of the learned counsel for the appellant has been considered by me and I am of the opinion that there are two operational injuries which have been noticed at the time of the post mortem examination. The doctor has also opined that two injuries could be result of scuffle and some injuries could be possible through a fall. So far as injury No. 2 is concerned it was allegedly caused with a knife Ex.P.1 which was recovered from the appellant under Section 27 of the Indian Evidence Act.