MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASHMIRI Lal husband of Rekha Rani, the appellant herein is the deceased. Malkiat Singh, the other appellant was a tenant in the house of Kashmiri Lal. Both of them were charged under section 302 read with section 34 IPC for allegedly committing the murder of Kashmiri Lal on the night intervening 8/9 September, 1994. They now stand convicted by the learned Sessions Judge, Hoshiarpur vide impugned judgment dated February 5, 1996 and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each. In default of payment of fine to further undergo RI for three months each.

(2.) THE police swung into action on FIR Ex. PQ lodged by Rekha Rani appellant on 9.9.94. The investigation then took a sharp turn and booked both the appellants in this cases. The FIR in short runs as under :-

(3.) INSPECTOR Ram Parkash PW16 after the registration of the FIR, took up the investigation, went to the scene of crime and prepared the inquest report Ex.PF. The dead body was sent for post-mortem examination thereafter. The scene of crime was also got photographed. He also lifted blood stained soil. Watch of the deceased was also taken into possession which was in a broken condition. Thereafter he went inside the room where one empty bottle of Whisky was lying. SI Gurdip Singh PW11 developed the fingerprints found on that bottle and thereafter the bottle was also taken into possession. Two empty glasses and a can were also found lying on the table and were also taken into possession. From the court-yard of the house, the pieces of two broken flower pots were also taken into possession. The pieces of one broken flower pot stained with blood and the blood stained pieces were also taken into possession. The bed sheet and the pillow cover were removed from the bed lying in the room. They were stained with blood and consequently these were also taken into possession by Inspector Ram Parkash PW16.