RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Ram Singh along with his brother Ishar Singh were tried for committing the offence under Sections 302 read with Section 34 of the Indian Penal Code ('IPC' for short) in case FIR.No. 225 dated 27.10.2000, registered at Police Station Malerkotla. Vide judgment and order dated 13.2.2003, the learned Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur found appellant Ram Singh guilty for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment thereof, to further undergo rigorous imprisonment for one month. However, co-accused Ishar Singh was acquitted of the charge framed against him.

(2.) As per the case of the prosecution, on 26.10.2000, deceased Major Singh and his brother Jarnail Singh were coming back to their respective houses after lightening the lamps on the samadh of their ancestors. When they both reached near the house of Gurcharan Singh, Jarnail Singh stopped to have small talk with Gurcharan Singh while the deceased went ahead. When deceased Major Singh reached in front of the house of the appellant, the appellant and his brother Ishar Singh attacked him and started abusing him. By the time, Jarnail Singh and Gurcharan Singh reached the spot. They found that the deceased was lying on the ground and the appellant was giving blows with brick continuously on the mouth and head of Major Singh. On seeing Jarnail Singh and Gurcharan Singh and hearing their alarm, the appellant and his brother Ishar Singh ran away after throwing the brick at the spot. The deceased was taken to Civil Hospital, Malerkotla but in view of seriousness of his condition, he was referred to Rajindra Hospital, Patiala and at the time of lodging of the FIR.on 27.10.2000, he was still under treatment at Patiala. From Rajindra Hospital, Patiala, the deceased was referred to PGI on 28.10.2000 but he was admitted in D.M.C. Hospital, Ludhiana. On 3.11.2000, the deceased was got discharged from the hospital and he died on the way.

(3.) As per the post-mortem report, following injuries were found on the body of the deceased:-