SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALONG with the appellants (1) Sukhdev Singh (2) Jaswant Singh (3) Raju Singh, three others i. e. Balwant Singh, Nek Singh and Buta Singh faced trial before the Additional Sessions Judge, Barnala, for the murder of Sardara Singh and for causing injuries to Balbir Singh and Bhag Singh. The learned Additional Sessions Judge acquitted Balwant Singh, Nek Singh and Buta Singh but, covicted appellant Jaswant Singh alias Kaka Singh under Section 302, IPC, and appellants Sukhdev Singh and Raju Singh under Section 302, read with Section 34, Indian Penal Code, and sentenced (hem all to imprisonment for life, to pay a fine of Rs. 5,0007- each and in default to further undergo rigorous imprisonment for two years. Raju Singh was further convicted under Section 325 Indian Penal Code, while, Sukhdev Singh and Jaswant Singh were convicted under Section 325 read with Section 34 Indian Penal Code and sentenced to rigorous imprisonment for two years. He ordered the substantive sentences to run concurrently and that the fine, if collected to be paid to the heirs of Sardara Singh as compensation.

(2.) THE prosecution case is as follows :

(3.) BHAG Singh, while he was in the hospital, gave the complaint to Sub-Inspector Sohan Singh (P. W. 10), who was in charge of Police Post Pakho Kenchian, on 15-10-91 itself at about 5. 50 p. m.