SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURINDER Singh, Resham Singh and Jasmail Singh have filed this appeal against and order dated 17.4.200 whereby they were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 5000/- each and in default of payment of fine to undergo further RI for one year each.

(2.) IN nut-shell, the facts culminating to the commencement of this appeal may be recapitulated thus : Diwan Chand (57 years) (since deceased), father of Pradeep Kumar, complainant (PW-8) had been serving as a Chief Pharmacist in the Community Health Centre of Village Ferozeshah for the last five years. Smt. Sohni Devi, wife of said Diwan Chand, was also serving as a Ward-servant in the same Health Centre. They both were residing in the premises of the hospital. On 24.10.1997, at about 5.00 PM, Pradeep Kumar, complaint, (PW-8), who was residing at Abohar and running there his shop of Commission Agent, had come to meet his parents at Village Ferozeshah. On the same evening of 24.10.1997, Diwan Chand, who is father of complaint Pradeep Kumar, had gone to a village on his cycle to give some medicines to his known patients as per his usual practice. Sometimes, he also used to stay-back in the night-time.

(3.) IT was on 27.10.1997 that SI Balbir Singh made a general search of the huts in the fields and ultimately the dead-body of Diwan Chand was found lying in the kup (a store of wheat fodder), situated in the fields of Pirthi Singh father of appellant-Resham Singh. The dead-body was got identified by Pradeep Kumar, complainant and Surinder Kumar vide memo Ex. P13. One shoe of Gurgabi Ex.MO-13 of left foot of appellant Jasmail Singh was also recovered from near the dead-body and the same was taken into possession vide memo Ex. P24. SI Balbir Singh, who is the main Investigating Officer in this case, also prepared inquest report Ex. P3. He then sent the dead-body of Dewan Chand to Civil Hospital, Ferozepur for post-mortem examination through ASI Balwinder Singh and Constable Ajit Singh. A rough site-plan Ex. P25 of the place of recovery of the dead-body was also prepared at the spot. After post-mortem examination, the clothes of the deceased and two vials were also taken into possession vide memo Ex. P7. Prior to that, on 25.10.1997, SI Balbir Singh took into possession the bicycle Ex. MO-16 and bag Ex. MO-15 of the deceased vide recovery memo Ex. P12. On 28.10.1997, accused-appellants Surinder Singh and Jasmail Singh were produced before SI Balbir Singh by Shabegh Singh, Sarpanch, whereas, accused-appellant Resham Singh was also produced by one Tarlok Singh.