MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment and order dated 22. 12.2016, rendered by learned Additional Sessions Judge, Ludhiana, in Sessions Case No. 22 dated 12.02.2014. Appellants Malkiat Singh and Kuldeep Singh, who were charged with and tried for the offences punishable under Sections 302/458/506/34 IPC, were convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that on 25.09.2013, information was received at Police Station, Bus Stand Jagraon, on mobile phone, to the effect that complainant Paramjit Kaur wife of Kulwant Singh has been got admitted in an injured condition at Civil Hospital, Jagraon. On 26. 09.2013, ASI Lakhbir Singh, In-charge Police Post Kaunke Kalan, Police Station Sadar Jagraon, after obtaining MLR, Ex.PA, of injured Paramjit Kaur, from MHC Police Post, Bus Stand, Jagraon, visited Civil Hospital, Jagraon. He moved an application, Ex.PW.5/A, to the doctor for recording statement of the injured. However, the doctor declared her unfit to make statement vide endorsement Ex.PW.5/B. On 27.09.2013, the Investigating Officer again visited Civil Hospital, Jagraon, for recording statement of the injured. However, the doctor declared her unfit to make statement. On 28. 09.2013, the Investigating Officer visited Civil Hospital, Jagraon and moved an application Ex.PW.5/E to the doctor for recording statement of the injured. The doctor declared the injured fit to make statement vide endorsement Ex.PW.5/F. The Investigating Officer recorded statement of injured Paramjit Kaur vide Ex.PW.5/G. The contents of the same were read over to the complainant-injured. She put her right thumb impression on the same. FIR Ex.PW.5/H was registered. The complainant died on 03.10.2013. The body was sent for post mortem examination. The accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They were convicted and sentenced, as noticed here-in-above.