JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have filed the present appeal against the impugned judgment of conviction and order of sentence dtd. 3/7/2004 passed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Faridkot. Vide the said judgment, Jaswant Singh, appellant No.l, was convicted under Sec. 302 IPC as well as Sec. 25 of the Arms Act, whereas Balwant Singh and Gurpreet Singh, appellants No.2 and 3, were convicted under Sec. 302 read with Sec. 34 IPC. Jaswant Singh, appellant No.1, was sentenced to undergo life imprisonment and to pay a fine of Rs.2000.00 with default stipulation under Sec. 302 IPC. He was further sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.200.00 with default stipulation under Sec. 25 of the Arms Act. Balwant Singh and Gurpreet Singh, appellants No.2 and 3, were sentenced to undergo life imprisonment and to pay a fine of Rs.1000.00 each with default stipulation under Sec. 302/34 IPC.

(2.) The FIR Ex. PG/2 was registered in the present case on the basis of the statement made by Tara Singh son of Karnail Singh and the same has been reproduced below:-

(3.) After the registration of the FIR, the investigation was taken up by SHO himself and he prepared the inquest report. The dead body of Mangal Singh was sent for postmortem examination and the incriminating evidence from the place of occurrence was collected. Even the blood stained earth was taken into possession by the police and separate parcels were prepared. On 11/8/2001, Jaswant Singh, Balwant Singh and Dr. Gurpreet Singh, all appellants, were arrested by the police. On interrogation, Jaswant Singh got recovered a spear from the disclosed place, which was taken into possession and a memo in this regard was prepared. The spear was sent to the Forensic Science Laboratory, Chandigarh, and it was found to be blood stained. The scaled site plan of the place of occurrence was also prepared. After completing the necessary investigation, challan was presented before the Area Magistrate.