SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated November 16, 1994, passed by the Additional Sessions Judge, Amritsar, whereby Sukhdev Singh appellant has been convicted under Section 302, I.P.C. whereas Ajit Singh appellant has been convicted under Section 302/34, I.P.C. Each of the two appellants has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- or in default of payment of fine to further undergo rigorous imprisonment for 3 months.

(2.) THE facts necessary for the disposal of this appeal, which can be gathered from the record of the trial Court, are that Mangal Singh, father of the appellants, was shot dead on 29.5.1989 at 1.40 a.m. inside his house by four Sikh youths and the appellant Sukhdev Singh had also received gun-shot injuries in that incident. The appellants and their family members suspected that either Jarnail Singh (son of the deceased Pritam Singh) himself committed this murder or got Mangal Singh liquidated through the agency of someone else. Said Jarnail Singh was arrested and tried, but was acquitted on June 8, 1992. The appellants were not satisfied with this Court acquittal and a lingering doubt still remained in their mind regarding the involvement of Jarnail Singh in the commission of the murder of their father Mangal Singh. Apprehending some danger, Jarnail Singh and his father Pritam Singh (deceased) started making effort for reapproachement with the appellants. In the sequence of such efforts, Mohan Singh (PW-2), the then Sarpanch of village Butari was sent, who had discussion with the appellant about 8 days before the occurrence in question. The appellants are stated to have made an offer that if Jarnail Singh and Pritam Singh would come and swear by God regarding the innocence of Jarnail Singh, they would feel satisfied.

(3.) AJIT Singh (PW-1), after leaving Mohan Singh Sarpanch (PW-2), Kabal Singh, Balbir Singh and Harbans Singh, Ex-Sarpanch, by the side of the dead body, started for the Police Station to lodge a report. On the way near the hospital of Baba Bakala, he met A.S.I. Jagdev Singh (PW-7) and made his statement (Ext. PA). A.S.I. Jagdev Singh made his endorsement (Exhibit PA/1) thereunder, on the basis of which formal first information report (Exhibit PS/2) was recorded at Police Station, Beas. A.S.I. Jagdev Singh (PW-7) along with his companions and Ajit Singh (PW-1) reached the spot of occurrence. He examined the dead body of Pritam Singh and prepared inquest report (Exhibit PB). The dead body along with the inquest papers was despatched for post mortem. He lifted blood-stained earth from the spot of occurrence and seized the same after converting it into a sealed parcel vice memo Exhibit PC. He also found and lifted two empties of .12 bore (Exhibits P.3 and P.4) and three empties of .303 bore (Exhibits P.5 to P.7) and seized the same after converting the same into two separate sealed parcels vice memo Exhibits PE and PD. He also prepared rough site plan (Exhibit PO) of the sport of occurrence. On the next day, he took into possession the clothes of the deceased brought from the hospital by Constable Satwant Singh and seized the same after converting them into a sealed parcel vice memo Exhibit PO. He made a search for the accused persons but they were not available.