JEETU @ GHUGGA AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Though CRM No. 21377 of 2017 filed by appellant no. 2 Mangal Kumar @ Laddu for suspension of his sentence has been listed, however, learned counsel for the appellants requested that the main appeal itself be heard on merits. With the consent of the parties, arguments in the main appeal were heard.

(2.) The present appeal is instituted against the judgment and order dated 29.1.2016, rendered by Additional Sessions Judge, Ludhiana, in Sessions case No. 11 dated 12.2.2013, whereby appellants Jeetu @ Ghugga, Mangal Kumar @ Laddu and Deepak Kumar were charged with and tried for the offences punishable under Sections 302/201/34 IPC. They were convicted and sentenced under Section 302 IPC to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year. They were acquitted of the offence under Section 201 IPC.

(3.) The case of the prosecution in a nutshell is that on 2.6.2012, Inspector Manjit Singh along with SI Rajinder Singh and other police officials was present in front of gate of First Class Railway Station, Ludhiana, for checking of suspected persons. At about 7.00 AM, he received secret information that on 31.5.2012 at about 7.00 PM, one Vinod Bihari was injured by Jeetu after inflicting injuries on his forehead, chin and head with sharp edged weapon and one Deepak caused injuries on his back with bricks and Laddu caused injuries on his head and body with a blow of danda. He was lying injured near railway station, Civil Line side, Ludhiana. He succumbed to his injuries. All of them threw dead-body in the ganda nala in front of railway colony no.1. He visited the spot and one dead-body was lying on the spot with injury marks. Ruqa was prepared. It was sent to the police station on the basis of which FIR was registered. The body of the deceased was personally searched. It was taken into possession. Site plan was prepared. During investigation on 10.6.2012, accused made a disclosure statement, on the basis of which the recoveries were made. Dagger was also taken into possession. Sample was also sent for FSL examination. Investigation was completed and challan was put up after completion of all the codal formalities.