SATNAM SINGH @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgement of conviction dtd. 11/8/2004 and order of sentence dtd. 14/8/2004 passed by learned Sessions Judge, Kapurthala, whereby appellants, Satnam Singh @ Kaka, Gurvinder Singh @ Ginda and Rajinder Singh @ Kuku, were convicted under Ss. 302 read with Sec. 34, 324 and 449 of the IPC, for causing the death of Sanjiv Kumar (hereinafter referred to as 'deceased') and sentenced accordingly.

(2.) The prosecution case as unfolded through the testimony of PW-1 Suresh Sharma (complainant and brother of the deceased), was that on the night of 10/10/2001 at about 10.15 p.m., while he and the deceased were returning from their factory, the appellants-accused (hereinafter referred to as 'accused') intercepted them. The complainant alleged that accused Gurvinder Singh @ Ginda and Rajinder Singh @ Kuku caught hold of the deceased while accused Satnam Singh @ Kaka inflicted a fatal injury with a sua (pointed tool) to the temporal region of the deceased, resulting in his death.

(3.) On recording the statement of PW-1 Suresh Sharma, PW-12 ASI Tarsem Singh registered FIR (Ex.PA/1) and forwarded the special report (Ex.PA/2) to the Illaqa Magistrate. On 12/10/2001, at the instance of PW-1 Suresh Sharma, rough site plan (Ex.PAA) was prepared by PW-15 ASI Amar Nath and scaled site plan (Ex.PX) by PW-10 Pradeep Dugal.