MANJIT SINGH @ SAHIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Manjit Singh @ Sahib assails judgment dtd. 1/5/2004 passed by learned Sessions Judge, Jalandhar, vide which the trial Court while holding him guilty of having committed offences under Ss. 302 & 323 IPC, sentenced him as under:

(2.) The matter arises out of FIR No.137 dtd. 25/6/2002 registered at Police Station Shahkot, under Ss. 302/323 IPC (Ex.PL/2), at the instance of Sarwan Singh. The translated gist of Sarwan Singh's statement (Ex.PL) leading to FIR reads as under:

(3.) The aforesaid statement of Sarwan Singh was recorded in the Civil Hospital, Shahkot by ASI Sukhjit Singh, who had gone to the Civil Hospital upon receipt of intimation from the hospital authorities regarding admission of Hardial Singh (deceased). After recording the statement, the same was sent to the police station for lodging of FIR. Inquest proceedings were conducted. The dead body was subjected to post-mortem examination. ASI Sukhjit Singh thereafter went to the spot and prepared a rough site plan of the place of occurrence. Blood stained soil was lifted from the place of occurrence. Maruti Van bearing registration No.JKE-9378 was also taken into possession. Statements of witnesses were recorded in terms of Sec. 161 Cr.P.C.