MANGAL SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this appeal, appellants Mangal Singh and others have challenged the judgment and order of sentence dated 7.6.2003 passed by the Court of learned Sessions Judge, Faridkot in criminal case bearing FIR No.35 dated 29.3.2000 under section 304-B read with Section 34 of the IPC, Police Station Sadar, Faridkot vide which they were held guilty for the offence punishable under section 304-B read with Section 34 of the IPC and convicted thereunder with the sentence as narrated below:-

(2.) Precisely stated, the case of the prosecution before the learned trial Court was that on 28.3.2000, a medical ruqqa bearing No.ED -198 dated 28.3.2000 was received at Police Station Sadar, Faridkot from Medical Hospital, Faridkot. It was to the effect that one Jamna Rani alias Jamna Devi wife of Bakhtaur Singh, resident of Nawan Qila has died on account of taking some poisonous substance (medicine). Upon this SI/SHO Davinder Singh of the said police station went to G.G.S. Medical College, Faridkot, where no guardian was found present near the dead body of Jamna Kaur. One Jagsir Singh @ Bogha Singh @ Mithu Singh son of Gurdial Singh, resident of village Kot Shamir along with some respectables met him in G.G.S. Medical College, Faridkot on 29.3.2000, who made his statement before him which is detailed as under:-

(3.) After hearing the learned counsel for both the parties and perusing the record as well, a prima-facie case under Section 304-B read with Section 34 of IPC was found to have been made out against the accused and as such they were charge-sheeted accordingly by the learned trial Court vide order dated 17.8.2000, to which, they pleaded not guilty and claimed the trial.