SURINDER MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR murder of one Pankaj Thapar, aged 20/21 years, appellants Surinder Mohan, said to be armed with a Chhuri, Ex. P-4 and his son Munish Kumar, said to be empty handed at the time of occurrence, after their trial, have since been held guilty under Section 302 of the Indian Penal Code and sentenced to undergo RI for life vide order of conviction and sentence dated 10.1.2002 passed by learned Additional Sessions Judge, Sangrur. Through present appeal filed by them, appellants herein challenge the said order of conviction and sentence.

(2.) THE occurrence leading to the death of Pankaj Thapar, as per the prosecution version, took place at 8.15 P.M. on 11.12.1996 in City Ahmedgarh at Bhagat Singh Chowk situated at a distance of 700/800 yards from Bus Stand. The occurrence came to be reported on the statement, Ex. PC, made by Anil Thapar, who happens to be brother of deceased. It was recorded at 4.05 A.M. at 12.12.1996 at New DMC Hospital, Ludhiana by Inspector Sarup Singh, PW-1. Formal FIR, with regard to the incident, came to be recorded at 8.45 A.M. on 12.12.1996. The special report with regard to the incident reached the concerned Magistrate at Malerkotla, stated to be at a distance or 18/20 Kms. from the Police Station, at 9.30 A.M. on the same day.

(3.) BEFORE we might proceed any further, we would like to mention that appellant Munish Kumar, after investigation, was put in column No. 2 having been found innocent by the police. It is on the application made before the concerned trial Judge that he was summoned and has been convicted in the manner, as indicated above.