GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is instituted against the judgment and order dated 21.1.2004, rendered by learned Sessions Judge, Amritsar, in Sessions Trial No. 18 of 2002, by appellant Gurnam Singh. He was charged with and tried for the offence punishable under Section 302 IPC. He was convicted and sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of three months.

(2.) The case of the prosecution in a nutshell is that on 25.1.2002, a police party headed by SHO Shamsher Singh, Police Station, Verowal, was going from Khadoor Sahib towards village Vain Puin while patrolling. Buta Singh son of Darshan Singh was found standing near the dead-body of Darshan Singh. His statement, Ex.PJ, was recorded by SHO Shamsher Singh. According to him, his father Darshan Singh and his uncle Parsa Singh were joint owners of the land. The dispute regarding partition was pending before Tehsildar, Khadoor Sahib. Buta Singh, his father Darshan Singh and mother Dalbir Kaur were going to attend the hearing of the case. He and his mother were on one cycle and his father Darshan Singh was on other cycle. His father was going ahead of them. At about 11.00 A.M., when they reached near Khadoor Sahib, a truck bearing registration no. HR-37-F-6028 came from behind. It crossed them. Thereafter, the truck driver hit the truck into the cycle of his father with an intention to kill him. His father was over-run by the truck. He died on the spot. The cycle of his father entangled with the truck. The driver came down and after un-entangling the cycle from the truck, ran away. The truck was driven by Gurnam Singh son of Parsa Singh. FIR, Ex.PJ/3, was recorded on the basis of the statement, Ex.PJ, by ASI Sarup Singh. The dead-body was sent for post-mortem examination through HC Amarjit Singh and Constable Major Singh. Rough site plan was prepared. The investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined 15 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. He was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.