RAVINDERBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment dated 18.05.2016 and order dated 19.05.2016, rendered by learned Additional Sessions Judge, Faridkot, in Sessions Case No. 18 dated 30.08.2012. Appellant Ravinderbir Singh alias Ravi along with co-accused Anirudh Sharma was charged with and tried for the offence punishable under Section 304 read with Section 34 IPC, and in the alternative under Section 302 read with Section 34 IPC. The appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 IPC. Co- accused Anirudh Sharma was acquitted of the charge framed against him.

(2.) The case of the prosecution, in a nutshell, is that on 04.04.2012, on receiving a medical ruqa from GGS Medical College, Faridkot, regarding receiving of dead body of Ranbir Singh, Sub Inspector Gurnam Singh along with other police officials, went to GGS Medical College, Faridkot. Complainant Jaspal Singh (PW.1) met them. He made statement that he was resident of Friends Avenue Tungwala, Majitha Road, Amritsar. He had one son and one daughter. In January, 2012, his younger son Rana Ranbir Singh got admission in B.Sc. Optimitry eyes diploma in GGS Medical College, Faridkot. He got accommodation in Sandhu Paying Guest House, Guru Nanak Colony, Street No.5, Faridkot. Subsequently, he got accommodation in Medical hostel and shifted there. He had purchased a new motor-cycle. His friend Ravinderbir Singh alias Ravi asked for party. His ATM card was not working. He had no money. However, accused Ravinderbir Singh alias Ravi held party from his own pocket. Thereafter, on 31.03.2012, the complainant got issued ATM card in his name and gave it to his son. On 03.04.2012, after doing his duty, the complainant had gone to Faridkot to hand over some clothes and to meet his son. At about 9.00 PM, he reached Faridkot. At about 10.00/10.30 PM, his son told him that he had received a telephone call from Ravinderbir Singh alias Ravi for repaying his money. He also accompanied his son on his motor cycle. When they reached near the gate of Sandhu Paying Guest House, Guru Nanak Colony, Street No.5, street light was on. Ravinderbir Singh alias Ravi and Anirudh Sharma were already standing in the street. When his son stopped his motor cycle,

(3.) The prosecution has examined a number of witnesses. The statements of the accused under Section 313 Cr.P.C were also recorded. They denied the case of the prosecution. In defence, they examined six witnesses.