RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RESHAM Singh and Rattan Singh appellants were brought to trial before the Court of Sessions at Jallandhar for committing the murder of Sodhi and having been found guilty thereof, they were convicted under Sections 302/34, Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 500/- each by the learned Additional Sessions Judge, Jalandhar, on October 30, 1985. They have challenged their conviction and sentence in this appeal.

(2.) THE victim of the crime is deceased Sodhi, who was the son of Amin Chand. He was an employee of Resham Singh accused was working as a Cleaner with him for the last about four years and he was getting Rs. 4,000/- per month as salary. The prosecution herein has no eye-witness of the alleged occurrence and rests entirely on circumstantial evidence. It emerges from the evidence that in the month of March, 1985. Sodhi deceased went with Resham Singh accused with a truck load of potatoes to Surat. Rattan Singh accused used to drive that truck. On 14th March, 1985, Sodhi deceased went with Resham Singh accused with a truck load of potatoes to Surat. Rattan Singh accused used to drive that truck. On 14th March, 1985, in the evening, Bhagat Ram, PW came to Amin Chand and told him that his sole Sodhi was lying injured at the turning of village Kotli and he was further told by two children that Sodhi had been thrown out of the truck. Consequently, Amin Chand went to the said spot on a cycle and found Sodhi lying there semi-conscious. It was alleged that Sodhi told Amin Chand and Bhagat Ram PW that one of the accused had inspected him for having stolen a piece of cloth and on that account, both the accused took him to the garden of Resham Singh and gave him beating with an iron-rod and also put his iron rod in his anus. Amin Chand took Sodhi to Bhogpur Hospital, but the doctor was not available there. Then he was taken to Kala Bakra Hospital, where Dr. Amarjit Singh examined him at 12.30 a.m. and found four injuries on his person. The condition of Sodhi being serious the doctor referred him to Civil Hospital, Jalandhar. He was then removed to the said hospital where he died at 2.25 p.m. on the same day.

(3.) DR . Paramjit Singh Aneja PW9 conducted autopsy on the dead body of Sodhi on 16th March, 1985 at 12.10 p.m. and found the following injuries.