BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants have been tried and convicted for offences punishable under Sections 302, 148, 307, 149, 449 IPC. Aggrieved by the judgment, they have filed the present appeal. A few facts maybe briefly noticed.

(2.) ON September 22, 1999, Major Singh, Balwinder Singh - the two appellants - alongwith Joginder Singh, Balwinder Singh (son of Shoki) and Nasib Singh are alleged to have gone to the house of Gurnam Singh. They suspected that he was a police informer. Joginder Singh fired a shot with his assault rifle. Gurnam Singh was killed at the spot.

(3.) ON September 23, 1991, Sukhchain Singh (PW-4) alongwith Sukha and Dial were removed to the Civil Hospital, Zira by his uncle Sharam Singh. On intimation from the Doctor, Inspector Ajay Maluja (PW-8) went to the hospital. He recorded the statement of Sukhchain Singh. It is Ex. PN. He endorsed that statement to the Police Station on the basis of which FIR Ex. PN/2 was recorded at 9.15 AM on September 23, 1991. The Inspector then went to the place of occurrence, prepared the inquest report (Ex. PF) and sent the dead body of Gurnam Singh for post-mortem examination. The request made by the Inspector of Police for post-mortem examination is Ex. PG. He also lifted blood-stained earth from the spot vide memo Ex. PQ. The empty cartridge recovered from the spot is Ex. PO. It was put in a sealed cover and taken into possession.