NAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose off the above mentioned appeal and a criminal revision petition, as both are directed against the same very judgment dtd. 28/8/2003 passed by learned Additional Sessions Judge, Ferozepur whereby the learned trial Court while acquitting accused-Mohinder Singh, has convicted and sentenced appellant-Naib Singh is as under:-

(2.) The matter arises out of FIR No. 02, dtd. 3/1/2002, Police Station Mallanwala, District Ferozepur, under Sec. 302, 120-B IPC and Sec. 25/27 of Arms Act (Ex.PA/2), lodged at the instance of Bikramjit Singh. The translated gist of statement (Ex.PA) of Bikramjit Singh leading to FIR reads as under:

(3.) The aforesaid statement (Ex.PA), recorded by SI Lakhwinder Singh (PW-8), led to lodging of formal FIR (Ex.PA-2). SI Lakhwinder Singh proceeded to the spot from where two empty cartridges were recovered and taken into possession. Blood stained soil was also collected from the spot. A rough site plan of the place of occurrence was prepared. Inquest proceedings were conducted and the dead body was sent to the hospital for post mortem examination.