KARAMVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Karamvir Singh along with acquitted accused- Shamsher Singh faced trial before the learned Additional Sessions Judge, Patiala in Sessions Case No. 8 of 19.1.1996 (F.I.R. No. 70 of 9.10.1995 Police Station Kotwali, Nabha under Section 302 IPC) and was convicted by the learned Additional Sessions Judge under Section 302 IPC and sentenced to imprisonment for life, to pay a fine of Rs. 500/- and in default, to further undergo rigorous imprisonment for two months. Therefore, Karamvir Singh, the convicted appellant, has come forward with this appeal.

(2.) The case of the prosecution as seen from the F.I.R. which was registered on the statement of Bhim Singh (PW-2) made on 9.10.1995 to Sub Inspector. Dharam Dass of the above said police station on 9.10.1995, is as follows :

(3.) PW-2 Bhim Singh is a resident of Village Pai. His brother is Mohinder Singh and their other brother was Shamsher Singh (deceased in this case). All of them plied mule-carts. On 10.9.1995, at about 6 a.m., deceased-Shamsher Singh, Mohinder Singh and the two accused. Karamvir Singh and Shamsher Singh went to the fair held at Nabha. At that time, deceased-Shamsher Singh was wearing a blue shirt, a black earthern colour pant, a banian, underwear, brown shoes, and a gold ring with his initials scribed thereon. Deceased-Shamsher Singh had also taken with him a steel dolu (container for liquids) in which the name of Mohinder Singh had been scribed in Hindi.