BEERA AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed against the judgment of conviction and order of sentence dated 26.4.2004 passed by the then learned Additional Sessions Judge, Amritsar, vide which accused -appellants were convicted for offences under Section 302 read with Section 34 of the Indian Penal Code (hereinafter to be referred as 'IPC') and under Section 342 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3000/ -and in default of payment of fine to further undergo rigorous imprisonment for three months each for offence under Sections 302/34 IPC and further sentenced to undergo rigorous imprisonment for six months for offence under Section 342 read with Section 34 IPC. However both the sentences were ordered to run concurrently.

(2.) BRIEFLY put, the case of the prosecution is that Harjit alias Ranjit (deceased) son of Sekhar, resident of Noori Mohalla, Bhagtanwala, Amritsar, used to work on a Kabadi shop owned by Rinku. On 15.3.2003 at about 4.00 p.m. he was removing dust from the gunny bags on the shop when Beera son of Om Parkash, resident of Noori Mohalla, Bhagtanwala, (accused) came there. However he did not pay any attention to him, as he was busy in his work. Beera started abusing him on the pretext that he was putting dust on him. Harjit (deceased) told Beera that he did not do any such thing deliberately and that he was removing dust from the gunny bags and he also felt sorry for the same.

(3.) THE aforementioned statement, Exhibit PK, of the deceased was recorded by Assistant Sub Inspector Sukhwinder Singh PW7, after obtaining opinion of the doctor that he was fit to make the statement on 16.3.2003, on receipt of information from MHC of Police Station C. Division, Amritsar that Harjit alias Ranjit was lying admitted in the hospital with burn injuries. The deceased thumb marked the statement after admitting the same to be correct. The Assistant Sub Inspector made his endorsement Exhibit PK/2 on the said statement, on the basis of which first information report Exhibit PK/3 was recorded by Station House Officer Natha Singh. The Assistant Sub Inspector also called Shri Rajiv Berry, Judicial Magistrate Ist Class, (hereinafter to be referred as 'JMIC'), Amritsar by sending him an application Exhibit PH. Shri Rajiv Berry, JMIC, Amritsar, reached the hospital and obtained opinion of Doctor as to whether the patient was fit to make the statement and after the doctor declared the patient fit to make statement, he recorded statement of the deceased, Exhibit PH/3, and the deceased also put his thumb mark, after admitting the same to be correct. He obtained another certificate from doctor Exhibit PH/4 to the effect that the patient remained fit throughout the period his statement was recorded. He also appended his certificate Exhibit PH/5 that the statement was taken in his presence and passed order Exhibit PH/6.