JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jarnail Singh assails judgment dtd. 9/12/2004 passed by learned Additional Sessions Judge, Moga, vide which he has been held guilty of having committed offence under Sec. 302 IPC and has been sentenced to undergo imprisonment for life and also to pay a fine amounting to Rs.5000.00.

(2.) The matter arises out of FIR No.135 dtd. 22/6/2002 registered at Police Station Baghapurana, under Sec. 302 IPC (Ex.PG/2), at the instance of Manpreet Singh (Ex.PG). The translated gist of Manpreet Singh's statement (Ex.PG) on the basis of which FIR was lodged reads as under:

(3.) Pursuant to recording of aforesaid statement, Inspector/SHO Jagjit Singh went to the hospital and conducted inquest proceedings. The dead body was subjected to post-mortem examination. Inspector/SHO Jagjit Singh thereafter went to the spot and prepared a rough site plan of the place of occurrence. A pair of chappal (slippers) recovered from the spot was taken into possession. Statements of the witnesses were recorded in terms of Sec. 161 Cr.P.C. Accused Jarnail Singh was arrested on 27/6/2002. Upon conclusion of investigation, challan was presented against the accused on 5/9/2002 in the Court of learned Judicial Magistrate Ist Class, Moga, who committed the case to the Court of Sessions vide order dtd. 18/9/2002. Learned Additional Sessions Judge, Moga framed charges against the accused on 18/10/2002 for offence punishable under Sec. 302 IPC, to which he pleaded not guilty and claimed trial.