JATINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 24.05.2011 passed by the Court of Sessions Judge, Shaheed Bhagat Singh, Nagar, vide which he had convicted and sentenced accused Jatinder Singh and Gurjinder Singh as follows:- <FRM>JUDGEMENT_65_LAWS(P&H)12_2016.html</FRM>

(2.) The accused, who are appellants before this Court, pray that the appeal be accepted, the impugned judgment of conviction and sentence be set aside and they be acquitted of the charges framed against them.

(3.) Briefly stated facts of the case as per prosecution version are that complainant Amarjit Singh, son of late Shri Faqir Singh, Caste Jat, resident of Gulpur, Police Station Balachaur, District SBS Nagar, aged about 62 years has been doing agricultural work. He had remained Sarpanch of the village Gulpur. On 22.04.2009, when he was present at his house, he received a telephonic call from his sister-in-law Harbans Kaur wife of Shri Nath Singh, resident of Mahindpur that a dead body was lying near the road on the kacha path of village Jainpur and as told by the people of said village, it was the dead body of Kewal Singh. Complainant-Amarjit Singh went to that place on scooter and found that the dead body lying by the side of the road was of Kewal Singh son of Harbans Kaur and Nath Singh. Complainant observed that injuries caused with sharp edged weapon were there on the left ear in addition to marks of injuries on the right eye, cheek, left shoulder, both the knees and on both the inner ankles. Complainant was sure that Kewal Singh has been murdered by Sandeep Singh son of Sohan Singh and Jatinder Singh, Gurjinder Singh, Tejinder Singh sons of Jujhar Singh, Caste Jat, residents of Mahindpur because earlier also a quarrel had taken place between them once or twice. Complainant left his brother-in-law Nath Singh, who happened to be father of deceased Kewal Singh near the dead body and was going to Police Station Balachaur to lodge a report regarding the incident, on the way at Bus stand Majari, he came across the police party led by SI/SHO Swaran Singh from Police Station Balachaur (hereinafter referred to as the Investigating Officer/I.O.). The complainant got his statement Ex. PA recorded with SI Swaran Singh. The statement was signed by Amarjit Singh in English and the said signatures were attested by SI/SHO Swaran Singh who put his endorsement Ex. PA/1 below that statement and sent ruqa to police station through PHC Gurdev Singh at 11:10 A.M., on the basis of which formal FIR Ex. PA/3 was recorded and thereafter the police party accompanied by complainant went to the spot. The Investigating Officer observed that the dead body of Kewal Singh was lying there. Since it was a case of unnatural death, he carried out inquest proceedings with regard to dead body of Kewal Singh. The dead body was identified by Nath Singh and Amarjit Singh. The I.O. prepared the inquest report. He had summoned a photographer to the spot, who clicked the photographs of the place of incident and that of the dead body. The I.O. lifted the blood stained earth from the place of incident and prepared a parcel thereof sealing it with his seal having impression 'SS'. Then the said parcel was taken into possession vide memo. Ex PT. The I.O. deputed HC Lakhwinder Singh to get the post-mortem examination conducted on dead body of Kewal Singh and handed over the application in that regard to him. The I.O. had prepared the rough site plan of the place of incident with correct marginal notes and recorded statements of various witnesses.