DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above-said appellant has preferred the above-noted appeal thereby assailing the judgment dated 14.9.2012 passed by the Court of learned Additional Sessions Judge, Hoshiarpur in criminal case bearing FIR No.36 dated 6.3.2001 u/Ss 307, 420, 325, 342, 148, 506 read with Section 149 of IPC, Police Station Hariana, District Hoshiarpur vide which he was held guilty for the offences punishable u/Ss 307, 325, 342 read with Section 34 of the IPC and u/Ss 420 and 506 of the IPC and sentenced thereunder.

(2.) The case of prosecution in brief as put forth before the learned trial Court was that on 6.3.2001, HC Bhulla Singh was present in Police Post Bhunga where a wireless message was received from SHO Division No.3, Ludhiana regarding admission of injured Balwinder Singh son of Faqir Singh in CMC Ludhiana due to some accident. Upon this, HC Bhulla Singh along with Constable Sucha Singh reached at CMC Hospital, Ludhiana for recording the statement of injured Balwinder Singh and sought the opinion of the doctor for this purpose. Doctor declared him fit to make the statement and accordingly statement of above-said Balwinder Singh was recorded which was as under:-

(3.) It is pertinent to mention here that accused Dilbagh Singh was not arrested earlier and as such P.O. proceedings were initiated against him. Thereafter, he was arrested on 19.11.2007 and was tried separately from the remaining accused Chander Mohan, Bikramjit Singh and Rahul Singh. Supplementary challan against Dilbagh Singh in this case was presented in the Court of learned Illaqa Magistrate, who further committed this case to the Court of learned Sessions Judge, Hoshiarpur for trial after making compliance of the provisions of Section 207 of Cr.P.C.