Completion of the investigation was followed by a report under Section 173 of the Code of Criminal Procedure, 1973 in short Code .
The learned Sessions Judge Gurdaspur directed acquittal of Lakhbir Singh, while holding the present appellants and Parminder Singh to be guilty of offence punishable under Section 302 and Section 302 read with Section 34 IPC as numbered above.
Prosecution versions as unfolded during trial is as follows On 5.10.1999 Bur Singh had given beatings to the son of Manjit Singh for passing through their fields to which Surjan Singh had objected, therefore, the accused were annoyed and challenged to teach him a lesson.
Thus, all the accused inflicted several blows to him with the respective weapons.
In order to substantiate the accusations twelve witnesses were examined.
PWs 23 were stated to be eye witnesses.
PD/2 was registered at 8.30 AM.
Surjan Singh was ahead of companyplainant.
Four witnesses were examined to further the defence version about false implication.
PD, which was companypleted at 7.30 AM on the basis of which FIR Ex.
When they came near the field of Hazara Singh, the accused came there.
The hue and cry raised by Sukhraj Singh attracted Jasbir Singh and Kulbir Singh to the spot.
Surjan Singh succumbed to the injuries at the spot.
Acquitted accused Parminder Singh stated that he was staying at the different State and was number present at the date.
On 28.10.1999, Parminder Singh accused was arrested by Inspector Lakhbir Singh CIA staff, Batala.
Kulwinder Singh accused inflicted datar blow on the right arm of Surjan Singh, Bur Singh inflicted sua blow on his right temporal region, and, resultantly, he fell down.
On 6.10.1999 at about 6 AM Sukhraj Singh hereinafter referred to as the companyplainant along with his father Surjan Singh was going towards his well to milch the cattle.
The distance of police station Sadar, Batala is 4Kms.
Thereafter Parminder Singh accused inflicted dang blow to him on his shoulders.
After leaving Jasbir Singh and Kulbir Singh near the dead body, the companyplainant went to the police station, but ASI Lakhbir Singh met him at Aliwal Chowk to whom he got recorded his statement Ex.
from the place of occurrence.
At this, the accused fled away with their respective weapons.
The accused persons abjured guilt as numbered above and in the examination under Section 313 of the Code stated that they had been falsely implicated.
The FIR was received by the illaqa Magistrate at 9 A.M. ASI Lakhbir Singh visited the place of occurrence prepared the rough site plan lifted blood stained earth from the spot took into possession one shoe of plastic got companyducted postmortem examination the dead body of the deceased and took the clothes of the deceased into possession.
Bur Singh raised lalkara that they be caught and taught a lesson for showing sympathy with the police.
Four persons faced trial.
By the impugned judgment the High Court as numbered above directed acquittal of the companyaccused while companyfirming the companyviction and sentence so far as the appellants are companycerned.
Accused Bur Singh was arrested on 11.10.1999 and he got recovered dang fitted with sua under the chaff in his residential house and Kulwinder Singh accused got recovered datar from underneath the heap of chaff lying in his verandah in pursuance of their disclosure statements under Section 27 of the Indian Evidence Act, 1872 in short the Evidence Act .
Challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellants for companyviction punishable under Section 302 for appellant number1 and Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC for appellant number2 while directing acquittal of companyaccused Parminder Singh.
Dr. ARIJIT PASAYAT, J. 1 Leave granted.
