GURPRIT SINGH @ D C Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurprit @ D.C., Talwinder Singh @ Kulwinder Singh and Gurprit Singh @ Kala have filed above mentioned appeals challenging judgment dated 25.2.2010 whereby Gurprit @ D.C. has been held guilty for committing offence punishable under Section 302 IPC and the other two accused have been held guilty for committing offence punishable under Section 302 of IPC with the aid of Section 34 of IPC, for having murdered Budh Singh. All the appellants have been sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- each.

(2.) The matter arises out of FIR No. 108 dated 25.8.2007 registered at Police Station, Sadar, Mansa, under Sections 302/34 of IPC, lodged on the basis of statement (Ex.PF) of complainant Jagsir Singh resident of Khiala Kalan, District Mansa. The gist of the said statement when translated to English reads as follows:

(3.) As per case of prosecution the aforesaid occurrence had taken place at about 11.15 PM on 23.8.2007. Immediately thereafter he was moved to Civil Hospital, Mansa but on account of his critical condition he was referred to PGI where he breathed his last on 24.8.2007 at about 9 AM. The aforesaid statement of the complainant was recorded in PGI. Inquest proceedings were conducted. The post mortem examination was also got conducted. The police visited the place of occurrence. A rough site plan of place of occurrence was prepared. Statements of witnesses were recorded. Upon conclusion of investigation challan was presented against Gurprit Singh @ D.C. only in the Court of Chief Judicial Magistrate, Mansa on 29.11.2007 who committed the case to the Court of Sessions vide order dated 22.12.2007. The learned Sessions Judge, Mansa framed charges against the accused for offence under Section 302 of IPC on 2.1.2008 to which the accused pleaded not guilty and claimed trial. After the trial commenced and some prosecution evidence had been recorded, the prosecution moved an application under Section 319 Cr.P.C. seeking summoning of Talwinder Singh @ Kulwinder Singh and Gurprit Singh @ Kala, which was accepted on 19.11.2008 and both of these accused were summoned to face trial. Thereafter fresh charge-sheet was framed against all the accused on 30.1.2009 to which the accused pleaded not guilty and claimed trial.