NIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No. 310DB of 2001 has been filed by Baldev Singh and Kulwinder Singh against the judgment of conviction and order of sentence dated 20-2-2001 vide which Kulwinder Singh and Baldev Singh have been found guilty under Section 302 of Indian Penal Code (hereinafter referred to as the Code ) and Criminal Appeal No.177-DB of 2001 has been preferred by Nirpal Singh and Nardev Singh who have been found guilty of offences punishable under Sections 120-B read with Section 302 of the Code. All were awarded imprisonment for life and payment of Rs. 2000.00 each as fine,, and in default thereto to further undergo rigorous imprisonment for six months each. While Criminal Revision No. 1611 of 2001 has been filed by Harinder Singh complainant praying for enhancement of sentence for capital punishment to the accused. These appeals and revision, thus, arise out of a common judgment. Both the appeals were admitted and the revision petition was ordered to be heard along with Criminal Appeal No. 177 DB of 2001 vide order of the Division Bench dated 28-1-2002. We would, thus, dispose of all these cases by a common judgment.

(2.) FIR No. 67 dated 15-10-1997 Ex. PM/2 was registered at 2.00 p.m. under Sections 307/34 of the Code and Sections 25 and 27 of the Arms Act, hereinafter referred to as the Act. The FIR Ex. PM/2 related to an occurrence which allegedly took place at 7.45 a.m. on 15-10-1997 . It was recorded on the statement of Harinder Singh, who was examined in Court as PW 4. The Statement reads as under :-

(3.) Unfortunately, Rajbir Singh died and an entry to this effect was made vide Ex.PS on 16-10-1997 and the offence was converted Section 302 of the Code. The inquest report Ex. PG was prepared by Dawinder Singh SI/SHO, who investigated the matter and recorded the statements of various witnesses under Section 161, Cr.P.C. PW 1 Dr. Shushil Gupta, E.M.O. Civil Hospital, Bhatinda had examined and treated the injured Rajbir Singh and found the following injuries on his person :-