JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above-said appellant has preferred the instant appeal against the judgment dated 1.4.2004 and order of sentence dated 3.4.2004 passed by the Court of learned Additional Sessions Judge, Kapurthala, vide which the appellant was held guilty for the offence punishable u/S 304 Part-II read with Section 34 of the IPC in criminal case bearing FIR No.38 dated 23.4.1999 u/Ss 304/34, IPC and Complaint Case No.88A of 1999 u/S 302/34 of the IPC and awarded the sentence accordingly.

(2.) The case as put forth by the prosecution before the learned trial Court in brief was that on 22.4.1999, Amrik Singh SI/SHO, Police Station Sadar, Kapurthala was present in the premises of Police Post Kala Sanghian in connection with checking. A medical chit was received in the police post from SMO, PHC Kala Sanghian to the effect that injured Hardev Singh son of Piara Singh, resident of Sandhu Chatha, who was brought to this hospital for treatment has expired. On this, said SI/SHO Amrik Singh along with Paramjit Singh ASI and other police officials reached at PHC, Kala Sanghian where above-said Piara Singh along with his brother Karnail Singh - Sarpanch met him and got recorded his statement which was as under:-

(3.) Then the accused were charge-sheeted for the offence punishable u/S 302 read with Section 34, IPC, by the learned trial Court, to which, they pleaded not guilty and claimed trial.