(1.) The appellants have preferred the present appeal against the impugned judgment and order dtd. 4/5/2004 passed by the Additional Sessions Judge, Mansa, whereby accused-appellant Teja Singh was convicted for the commission of offence under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, whereas accused-appellant No.2-Baljit Singh (a) Goga was convicted for the commission of offence under Sec. 302 read with Sec. 34 and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 along with stipulated condition.
(2.) The criminal prosecution in the present case was initiated on the main allegation that Virpal Kaur (since deceased), wife of Teja Singh (accused-appellant No.1), was set on fire by both the brothers, i.e. the appellants. The following statement of Virpal Kaur Ex.PD was recorded by PW-10 ASI Paramjit Singh in the presence of PW1 Dr. Jagtar Singh, Medical Officer, PHC Joga on 11/7/2002:-
(3.) After recording the statement Ex.PD, an endorsement Ex.PD/1 was signed by PW-1 Dr. Jagtar Singh that Virpal Kaur had made her statement in his presence and she was fully conscious during the statement. Thereafter, Paramjit Singh, ASI made his endorsement Ex.PD/2 under Ex.PD/1 and on the basis of same, the formal FIR Ex. PD/3 was recorded in the police station.
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