GURMUKH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANTS Gurmukh Singh alias Bhola, Joginder Singh alias Kala, Surjeet Singh alias Sita, Angrej Singh and Kewal Singh are aggrieved by the judgment of the Sessions Court whereby they have been convicted of offences under Sections 302 r/w Section 34 and 201 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rupees 10,000/ - each for the offence under Section 302 read with Section 34 and to undergo rigorous imprisonment for one year and pay a fine of Rupees 2000/ - each, in respect of offence under Section 201, I.P.C.

(2.) SEVEN persons, including the five appellants, were tried by the Sessions Court for offences under Section 302 read with Section 34 and 201 I.P.C. for allegedly murdering one Jit Singh. Case of the prosecution, as unfolded by the evidence led during the trial, is like this. A party of pilgrims headed by appellant Joginder Singh alias Kala left a place in District Ferozepur of Punjab on 27.3.2002 for pilgrimage to some places in Himachal Pradesh. Besides the appellants, two other persons namely, Gurnam Singh and Jagtar Singh, who were tried along with the appellants, deceased Jit Singh and a number of ladies and other persons of the area, were the members of the pilgrimage party. The party, it appears, reached Shah Talai to pay obeisance at the Temple of Baba Balak Nath on 30.3.2002. Deceased Jit Singh was brought with the party to cook meals for the members of the Party. On reaching Shah Talai, the party first paid obeisance at the Temple and them camped at a place called Dana Mandi in Shah Talai. Deceased Jit Singh allegedly did not cook the food properly, which annoyed appellant Joginder Singh, the head of the party and other appellants. They gave beating to him. After giving him beating, they tied his hands behind his back with a Parna (a piece of cloth used both as head -gear and towel by the villagers) and took him towards a khud, by a jeep -taxi of PW6 Milak Chand. On the way, appellants Joginder Singh, Surjit Singh, Angrej Singh, Kewal Singh and Gurmukh Singh alias Bhola kept giving fist and kick blows to Jit Singh. Next morning, dead -body of Jit Singh was found in the bed of a rivulet known as ˜Saryali Khud near Dana Mandi. Some pilgrims, who went to take bath, spotted the dead -body and brought it out and placed it on the dry portion of the rivulet bed. Police was informed telephonically by PW1 Pawan Kumar. A.S.I. Nidhi Singh (PW19) accompanied by some other police officials, rushed to the spot. He made inquiries with the people, present on the spot, about the identity of the dead man but could get no clue.

(3.) POLICE conducted inquest and sent the dead -body for post -mortem examination. Following two injuries were found on the dead body by Dr. A.K. Sharma, PW23 :