APNINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 28/7/2003 rendered by learned Additional Sessions Judge, Fast Track Court, Ludhiana, in Sessions Case No.140 of 11/10/1999, whereby the appellants were charged with and tried for offence punishable under Ss. 302/34 of the Indian Penal Code (in short "IPC"). The appellants were convicted and sentenced to under rigorous imprisonment for life and to pay a fine of Rs.5000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

(2.) The case of the prosecution in a nutshell is that on 17/4/1999 at about 09.30/10.00 P.M. within the area of Thakardwara Nohrian, Pankaj Kumar and Vishal Sharma @ Shelly were taking liquor in the house of Bhura Pandit. Complainant Mohan Lal (PW-2) and his brother Ashok Kumar joined them. Ashok Kumar also started taking liquor. In the meantime, appellant no.1 Apninder Singh @ Raju Sapera and appellant no.2 Rajesh Kumar @ Bobby came on the spot. They also started consuming liquor. A quarrel took place between Apninder Singh and Ashok Kumar. Apninder Singh taunted Ashok Kumar why he had not taken revenge of murder of their common friend Babla. Appellant Apninder Singh chided him by saying that he was jackal. Ashok Kumar replied back that Apninder Singh is jackal and he is a lion. Thereafter Apninder Singh got up and proclaimed that he would tell who is jackal and who is a lion. Appellant Apninder Singh came out of the room of Bhura Pandit. Mohan Lal and Ashok Kumar followed them. Apninder Singh took out his sword (kirpan) from the scooter parked outside the Thakardwara and Rajesh Kumar @ Bobby took out a kirch. They started inflicting injuries on Ashok Kumar. According to the complainant, Apninder Singh gave a sword (kirpan) blow on right hand of Ashok Kumar. Rajesh Kumar @ Bobby also gave kirch blow on left arm of Ashok Kumar. Several blows were given by the appellants on the body of Ashok Kumar. Ashok Kumar collapsed. Thereafter Rajesh Kumar gave kirch blow on the chest of Ashok Kumar. Thereafter they inflicted 2/3 more injuries to Ashok Kumar. They ran away from the spot. FIR was registered on 18/4/1999 at 06.10 A.M. The body was sent for post-mortem examination. Site plan was prepared. The matter was investigated and challan was put up after completing all the codal formalities.

(3.) The prosecution had examined a number of witnesses. Statements of accused were also recorded under Sec. 313 Cr.P.C. They had denied the case of the prosecution. They also cited six witnesses and relied upon documents Ex.DA, Ex. DB, Ex.DX and Ex.DY. They were convicted and sentence as hereinabove. Hence this appeal.