GULSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GULSHAN Kumar appellant was convicted by the learned Sessions Judge, Jullundur under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life. His co-accused Amar Nath and Kashmiri Lal were given the benefit of doubt and acquitted. Hence, this appeal against his conviction and sentence.

(2.) THE prosecution case as set up at the trial was as under :-

(3.) A telephonic message was sent from the Civil Hospital regarding the admission of Balkar Singh in an injured condition to the Police Station Division No. 5, Jullundur. On receipt of the message at 6-05 pm., ASI Sarup Sigh (PW 8) reached the hospital at 6-15 p.m. and the elicited the opinion of the doctor regarding the fitness of the victim make a statement and Dr. Surinder Singh (PW 1) gave his opinion that the victim was unfit to make a statement. In the meanwhile, Pal Singh (PW 5) also reached there and the Assistant Sub-Inspector recorded his statement. Ex. PF., on the basis of which a case against the appellant and his two co-accused was registered under Section 307 and 324 read with section 34, Indian Penal Code, vide, FIR. Ex PF/2. The Assistant Sub-Inspector then reached the spot besides 'Parna' P.6. He also found the accused missing from their house. He prepared the visual site plan Ex. PK/1 of the spot.