SATNAM SINGH @ PAMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 2.7.2016 rendered by the Additional Sessions Judge, Ludhiana in Sessions Case No.84 dated 22.7.2013 whereby the appellants, who were charged with and tried for offence punishable under Section 302 / 34 of the Indian Penal Code (in short ' IPC '), have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/-, each, and in default to further undergo rigorous imprisonment for a period of three months.

(2.) The case of the prosecution in a nutshell is that on 24.12.2011 ruqa was received from Civil Hospital Samrala regarding the death of Shri Lal whereupon ASI Sham Lal reached the hospital where he recorded the statement Ex PA/1 of Bansi Lal to the effect that he belongs to Village Atolia, District Partapgarh (U.P.). He is presently a resident of MAM School, Near Kapila Colony, Chandigarh Road Samrala for the past about 20-22 years. He along with his brother Shri Lal were running a tea shop near Kapila Colony, Samrala. On 23.12.2011 he was at his tea shop along with his brother Shri Lal since morning. At about 9.00 PM he left his brother Shri Lal at the shop and went to Samrala to purchase some items for the shop. At that time Jaspal Singh and Kamal Kishore were sitting at the shop. When he came back from the market and reached near the shop he saw two young men aged about 25-30 years who were dressed in pant and shirt quarrelling with his brother. One of them caught hold of the arms of his brother. The other gave kirch blows including one on the left side underneath the arm of his brother whereupon he started bleeding. Both the assailants fled away from the spot on a motorcyle. Complainant called his brother Sukhlal to the spot. Several other persons also gathered there. They took the injured Shri Lal to Civil Hospital, Samrala in an ambulance. From there he was referred to Ludhiana. The doctors at CMC Hospital declared his brother dead whereupon they got his body back to Samrala and kept it in the dead house at CH Samrala. Based on the above statement FIR Ex.P12/A was registered. Postmortem of the dead body was conducted. Blood stained earth was lifted from the place of occurrence. The matter was investigated and the charge sheet was filed after completion of all codal formalities.

(3.) The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. They denied the allegations levelled against them. They stated they had been falsely implicated in the case. They were arrested on 22.03.2013 by the police in a false case FIR No.53 dated 22.03.2013 registered at P.S Samrala and thereafter falsely nominated in this blind case by the police. They tendered in evidence photocopy of FIR No.53 dated 22.03.2013 registered against them and copies of their personal search memos mark X to Z.