RASAL SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal has been filed by appellants-Rasal Singh and Dilbagh Singh alias Bagha challenging the impugned judgment of conviction and order of sentence dated 18.11.2003 passed by learned Sessions Judge, Amritsar, whereby accused/appellant No.1-Rasal Singh has been held guilty and convicted for the offence under Section 304 Part II of the Indian Penal Code and accused/appellant No.2 Dilbagh Singh has been held guilty for the offence under Section 304 Part II read with Section 34 IPC. Accused-Rasal Singh has been sentenced to undergo rigorous imprisonment for eight years for the offence under Section 304 Part II IPC.

(2.) Accused Dilbagh Singh has been sentenced to undergo rigorous imprisonment for six years for the offence under Section 304 Part II read with Section 34 IPC.

(3.) The brief facts of the prosecution case are that on 20.7.2000, a medical chit was received regarding the dead body of Lakha Singh lying in Civil Hospital, Ajnala. Then Inspector Salinder Singh along with other Police officials reached there. Basant Singh son of Lakha Singh was found present near the dead body of Lakha Singh and he had made statement before Salinder Singh, Inspector, who mainly stated that he had two brothers, namely, Roop Singh and Bhagwant Singh, who along with him were the agriculturists. Land of Rasal Singh adjoined their land and there was common 'Watt' between their land and 'Nehri Khaal' was also there.