LAWS(P&H)-2019-3-119

HARJINDER SINGH @ KALA Vs. STATE OF PUNJAB

Decided On March 19, 2019
Harjinder Singh @ Kala Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present appeal is instituted against the judgment and order dated 17.9.2015, rendered by learned Additional Sessions Judge, S. A. S. Nagar, Mohali, in Sessions Case No. 83 of 1.12.2014, by appellant Harjinder Singh @ Kala. He was charged with and tried for the offence punishable under Section 302 IPC. He was convicted thereunder and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of six months.

(2.) The case of the prosecution in a nutshell is that on the morning of 14.8.2014, it was transpired that somebody had killed Mahant Narain Dass. Nachhattar Singh (PW3) village Panch reported the matter to the police. Thereafter, FIR was registered. During investigation on 19.8.2014, Harjinder Singh son of Santokh Singh made extra-judicial confession to village Sarpanch Balwinder Singh. After that accused Harjinder Singh surrendered before the police. The weapon of offence was recovered at his instance. The dead-body was sent for post-mortem examination, which was conducted by PW5 Dr. Parminderjit Singh. Post-mortem report is Ex.PW5/A. The investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined 7 witnesses in support of the case. The statement of the accused was also recorded under Section 313 Cr.P.C. According to him, he was falsely implicated in the case. Four witnesses were examined in defence. He was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.