GURNAM SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants namely Gurnam Singh @ Gama and Ram Pali are in appeal against the judgment dated 10.07.2000 convicting the appellant-Gurnam Singh @ Gama for an offence under Section 307 Indian Penal Code (for short 'IPC') and appellant-Ram Pali for an offence under Section 307 IPC with the aid of Section 34 IPC. The learned trial Court has also sentenced the appellants to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1,000/- each. In default of payment of fine, the appellants were ordered to undergo rigorous imprisonment for 6 months.

(2.) The prosecution case was initiated on the statement of Balwinder Pal recorded by ASI Satpal Singh PW-10 on 10.11.1995 at Dayanand Medical College, Ludhiana. Balwinder Pal has stated that on 08.11.1995 at about 8:45 PM, he was selling fish on his rehri in the area of village Piplanwala when Gurnam Singh @ Gama and Ram Pali came and asked for 1/2 kg of fish but they refused to pay price of the fish after eating the same which led to altercations. Gurman Singh @ Gama raised lalkara and Ram Pali caught hold of him whereas Gurnam Singh gave knife blow in the stomach near liver after taking out knife from the pocket of his trousers. Gurnam Singh gave another two blows on the right and left side of the chest.

(3.) Balwinder Pal fell down but Gurnam Singh gave another knife blow to him on the left thigh. On raising alarm, one Brahmi and Ravinder Kumar attracted to the spot and the injured was removed to the Civil Hospital, Hoshiarpur. The injured was referred to Dayanand Medical College, Ludhiana on the same day and it was on 10.11.1995, the statement was recorded by ASI Satpal on the basis of which FIR was lodged at 3:35 PM.