KULJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 09.12.2002 passed in Sessions Case No.25 of 1999 by the Sessions Judge, Ferozepur, convicting appellant Kuljinder Singh for the offences punishable under Sections 302, 307 and 323 of Indian Penal Code (for short 'IPC') and sentencing him as follows:- <FRM>JUDGEMENT_655_LAWS(P&H)9_2014_1.html</FRM>

(2.) On receipt of ruqa (Ex.P1) on 24.11.1998 from Incharge, Primary Health Centre, Kot Ise Khan intimating the arrival of injured Sadha Singh, Gurdev Singh and dead body of Kashmir Kaur wife of Sadha Singh in the hospital, Sub Inspector Balwinder Singh reached there and inquired about the fitness of Sadha Singh to make statement but he was declared unfit vide endorsement Ex.P2/A on application Ex.P2. He again inquired about fitness of Sadha Singh to make a statement but was apprised that Sadha Singh had been referred to Civil Hospital, Ferozepur. Gurdev Singh, the other injured was, however, declared fit to make statement but he was also referred to Civil Hospital, Ferozepur. Statement (Ex.P16) of Gurdev Singh was recorded by Sub Inspector Balwinder Singh, the English translation of which as incorporated by the trial Court in the judgment under appeal, reads as follows:-

(3.) On the basis of above statement of Gurdev Singh, a ruqa was sent to the police station, whereupon formal FIR Ex.P16/B was recorded. Sub Inspector Balwinder Singh along with his police party including Sub Inspector Gurcharan Singh (PW14) reached the place of occurrence and recovered two empty cartridges from the street, which were put in a parcel and sealed with seal 'BS'. The parcel was taken into possession vide recovery memo Ex.P26. The blood stained earth lifted from the house of Sadha Singh was also put in a parcel, sealed and taken into possession vide recovery memo Ex.P27. Blood stained clothes of deceased Kashmir Kaur and the vial containing pellets removed from the body of deceased, were taken into possession vide recovery memo Ex.P28. On 04.12.1998, the appellant was produced before the police by Surinder Singh son of Pritam Singh and was arrested. His gun Ex.MO-7 was taken into possession vide recovery memo Ex.P29. The licensed gun recovered from the appellant, two .12 bore cartridge cases marked C/1 and C/2 were sent to the Forensic Science Laboratory (for short FSL) along with five live cartridges of same bore for test firing. On examination of gun and cartridges, FSL gave its report Ex.P33, which reads as under:-