STATE OF PUNJAB Vs. AMRIT SINGH

JUDGEMENT

(1.) SINCE the above mentioned Murder Reference No. 4 of 2005 made by Shri M.S. Chauhan, learned Additional Sessions Judge, Mansa and Criminal Appeal No. 284 -DB of 2005, filed by Appellant Amrit Singh, arise out of one and the same Session Case No. 3 -A of 13.2.2004 decided on 19.3.2005 whereby Appellant Amrit Singh has been convicted under Sections 376 and 302 of the Indian Penal Code and awarded death sentence thereunder, subject to the confirmation by this Court, we propose to dispose of these two matters by this common judgment.

(2.) FACTS culminating to the commencement of the aforesaid Murder Reference and the appeal may be recapitulated thus:

(3.) IT was 12.11.2003 that PW -8 SI Joginder Singh was present at Bus -stop of Village Sher Khan where accused -Appellant Amrit Singh was produced before him by Karamjit Singh, Panch. Upon personal search, nothing was found from his possession. Thereafter, he was arrested. On the next day, the Appellant was produced in the Court of Illaqa Judicial Magistrate where the police moved an application Ex. PO for obtaining specimen of the hair of the Appellant but, he refused to give any such specimen of his hair. In that behalf, his statement was recorded as Ex. PO/1. On 16.11.2003, statement of Ashok Kumar, Photographer was also recorded under Section 161 of the Code of Criminal Procedure, who had produced the photographs Ex. P -4 to P -7 and negatives thereof as Ex. P -8 to Ex. P -11, which was taken into possession vide memo Ex. PE.