GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid two appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) These two appeals are directed against the judgment and order dtd. 10/6/2003 rendered by the Sessions Judge, Fatehgarh Sahib, in Sessions Case No. 30-T of 2/5/2000 whereby the appellants, who were charged with and tried for offences punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code (in short "IPC"), have been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500.00 only and in default of payment of fine to further undergo RI for four months.

(3.) The case of the prosecution in a nutshell is that a report was lodged by Gurmail Singh brother of the deceased to the effect that he was resident of village Bhollian. They were two brothers. They were residing separately from each other. Mehar Singh his brother was doing the business of Karyana Shop in the village. He used to purchase the goods from Khanna. On 16/1/2000 at 11.00 A.M. Mehar Singh had gone to Khanna to purchase the goods for his shop. The complainant left for the fields at about 09.00 P.M. He was coming back from his fields and when he reached near the wheat fields of Kaka Singh son of Harnam Singh resident of village Bhollian, he noticed that one man was lying on the side of the road. He closely saw him with the help of torch. It was the dead body of his brother. He noticed the injuries on his neck and one parna (towel) was tied around his neck. He immediately informed his nephew Manpreet Singh (accused). The statement Ex. P10 was recorded. Thereafter FIR Ex. PW21/B was recorded. The body was sent for post-mortem examination. The investigating officer recorded the statement of Som Singh Sarpanch PW-7 during the investigation. Two glasses and one empty bottle of country made liquor were recovered from the spot. The investigation was completed. The challan was put up after completing all the codal formalities.