BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHAJAN Singh and Shangara Singh appellants were brought to trial before the Court of Additional Sessions Judge, Amritsar, on the charge under Section 302 read with Section 34, Indian Penal Code. By the judgment under appeal, both the appellants were held guilty under the said offence and were sentenced to life imprisonment each. They appeal.

(2.) KARTAR Singh deceased was the brother of Bachan Singh and Sardul Singh PWs and he used to live in the Dera of Hari Nath in village Jhanjoti and was the chela of said Hari Nath. In short, the prosecution case is that on 31.7.1984, Kaka Singh came to village Chaba and informed the said two witnesses that their brother Kartar Singh was lying ill and that some evil spirits has visited him and they should accompany him to the Dera in village Jhanjoti. Bachan Singh and Sardul Singh then accompanied Kaka Singh to the Dera at village Jhanjoti and they found that Shangara Singh had piled up some cow-dung cakes wherein fire was burning and Kartar Singh was made to sit near that fire; that Shangara Singh accused was holding Kartar Singh from his long hair and Bhajan Singh accused was giving blows with a red hot Chimta to him.

(3.) DR . Jaswant Singh PW 1 conducted autopsy on the dead body of Kartar Singh on 3.8.1984 at 1.30 P.M. and found 16 first degree burns on different parts of the body of the deceased as detailed in the post-mortem report Ex PA. Death was opined to be due to shock as a result of extensive burns. After necessary investigation, the accused were challaned and committed.