KANSO Vs. GURNAM SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 13.1.1994 passed by the Additional Sessions Judge, Amritsar whereby the accused were acquitted of the charge by being given the benefit of doubt.

(2.) ON 27.7.1994, the Additional Sessions Judge, Amritsar had summoned the accused to face the trial for causing the death of Fateh Singh. The deceased was murdered on 22.4.1991 at about 4.00 P.M. in the area of village Chogowal by all the accused Gurnam Singh, Dhanwant Singh and Virsa Singh in furtherance of common intention thereby committing an offence punishable under Section 302 of the Indian Penal Code.

(3.) THERE are two versions in the present case, one rendered by the appellant and the other rendered by the accused-respondent Gurnam Singh. The present appeal is based on the version recorded by the appellant-Kanso who appeared as PW-1. The case was instituted on the complaint filed by PW-I Kanso. The case was committed to the Court of Sessions on 6.5.1992 for trial under Section 302/34 of the Indian Penal Code, by Sub Divisional Judicial Magistrate, Ajnala. Both parties gave different versions regarding the manner in which the occurrence had taken place, as reflected in para 10 of the judgment dated 13.1.1994, which is under challenge in this appeal.