PAWAN KUMAR & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of the above mentioned appeals filed on behalf of four accused namely Pawan Kumar, Deepak Kumar, Ramveer and Suman challenging judgement dated 26.3.2015 passed by learned Additional Sessions Judge, Ludhiana, vide which they have been convicted for various offences including offence punishable under section 302 of Indian Penal Code, 1860 (for short, 'IPC') and have been sentenced as under:

(2.) The matter arises out of death of Paramjit Kumar due to burn injuries sustained on 27.09.2010. It is the case of prosecution that on 26.09.2010, S.I. Rajwant Singh, Incharge, Police Post, Tibba Road, upon receipt of information that a person had been set on fire in Karam Kaur Colony and had been taken to Civil Hospital, Ludhiana, went to the Hospital and after seeking opinion of doctor regarding fitness of injured to make statement, moved an application to Duty Magistrate around 4 PM requesting him to record statement of the injured. The Duty Magistrate reached the Hospital and after ascertaining about fitness of the injured from doctor, proceeded to record his statement. The translated gist of the statement (dying declaration Ex.PA) of Paramjit Kumar reads as under:

(3.) Karamjit Kumar, brother of deceased, who had also sustained some injuries while extinguishing fire was also treated in the hospital. SI Rajwant Singh recorded his statement at about 6 PM. The translated gist of his statement (Ex.PW-5/C) reads as follows: