MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 09.12.2003 and order dated 10.12.2003 rendered by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Patiala, in Sessions Case no.28 dated 03.10.2001/ 134T/26.08.2003 whereby the appellant along with co-accused Joginder Singh and Bimaljit Kaur, was charged with and tried for offences punishable under Sections 302/34 of the Indian Penal Code (in short 'IPC'). The appellant has been convicted thereunder and sentenced to undergo imprisonment for life and to pay fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. Co-accused Joginder Singh and Bimaljit Kaur alias Bimla Rani were acquitted of the charges. However, co-accused Karnail Singh and Mahinder Singh were declared proclaimed offenders.

(2.) The case of the prosecution, in a nutshell, is that on 25.04.2001, SI Amarjit Singh Incharge Police Post Division no.4 Patiala was discharging the duties of SHO, Police Station Kotwali Patiala. Niranjan Singh son of Bhajan Singh along with Sagar Singh son of Kishan Singh made statement inter alia that he was working as lineman in North Sub Division Punjab State Electricity Board. They were eight brothers and sisters. Jang Singh was the youngest. Jang Singh was employed with Mohan Singh alias Pulli as driver. On 24.04.2001, Mohan Singh alias Pulli took his brother Jang Singh from his house. In the morning, Mohan Singh alias Pulli came to their house at about 8.30 A.M. He told him that Jang Singh was lying in Peer Baba Samadh, Turri Bazar, Nabha Gate, Patiala. They had taken liquor together. They should go to see Jang Singh. He sent his brother Bhola Singh and son Rajesh Singh with Mohan Singh to see Jang Singh. At about 9.00 A.M. his brother and son told him that Jang Singh was lying dead in the Samadh of Peer Baba. He along with his brother Bhola, son Rajesh Singh and Sagar Singh went to Samadh of Peer Baba Turri Bazar, Patiala. When they saw the dead body of Jang Singh, they did not notice any injury on his person but his forehead was somewhat smeared with blood and froth was coming out from the left side of his mouth. FIR Ex.PW11/A was registered. Body was sent for post-mortem examination. One maruti car was taken into possession. On 06.05.2001 Mohan Singh was produced in the Court. His police remand was obtained. He made disclosure statement that he had kept concealed one stick behind the wall of Peer Baba Shah underneath the earth. The case property was deposited with MHC Police Station Kotwali, Patiala. Investigation was completed. Challan was put up after completing all the codal formalities.

(3.) Prosecution examined a number of witnesses. The statements of accused were also recorded under Section 313 Cr.P.C. They have denied the case of the prosecution. The appellant was convicted and sentenced as noticed hereinabove. Hence this appeal.