DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are three Criminal Appeals. Criminal Appeals No. 364 and 359-DB of 1987 arise from one and the same judgment and order. These are the main appeals arising out of a trial for murder. There are two appellants in Criminal Appeal No. 364-DB of 1987. Out of the two, Darshan Singh has appealed against his conviction under Section 302, Indian Penal Code, and the sentence of life imprisonment and fine of Rs. 10,000/- imposed thereunder. The other appellant, Joginder Singh, has appealed against his conviction under Section 323, Indian Penal Code, and sentence of one year's rigorous imprisonment. Criminal Appeal No. 459-DBA has been preferred by the State against Joginder Singh, for his acquittal under Section 302 read with Section 34, Indian Penal Code. Lastly, Criminal Appeal No. 390-DB of 1987 has been preferred by Darshan Singh against his conviction under Section 25 of the Arms Act and the sentence of one year's rigorous imprisonment. This sentence was ordered to run concurrently with the sentence awarded to the appellant, which is subject matter of Criminal Appeal No. 364-DB of 1987.

(2.) THE deceased in this case was Jagir Singh, a Harijan, residing in village Mundi Jamal, Tehsil Zira, District Ferozepur. He himself, while alive laid the foundation of the case in giving the following version to the police when his statement was recorded, which become the basis of the First Information Report.

(3.) THE deceased was attended to by Mr. Balraj Vohra, PW-1, Medical Officer, Rural Dispensary, Fatehgarh Panjtoor, at 6.10 p.m. on May 24, 1986. He found as many as 10 injuries on his person, but the first two injuries require specific notice :-