JHIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict, as made on 24/4/2009, by the learned Sessions Judge, Amritsar, upon Sessions Case No. 22 of 24/5/2007, wherethrough he proceeded to convict the accused qua a charge drawn against them, for an offence punishable under Sec. 302 read with Sec. 34 of the IPC, and, also proceeded to, through a separate sentencing order, drawn on 24/4/2009, impose the hereinafter extracted sentence(s) of imprisonment, and, also sentences of fine, upon each of the convicts-accused. <FRM>JUDGEMENT_98_LAWS(P&H)8_2022_1.html</FRM>

(2.) The convicts become aggrieved from the above recorded verdict of conviction, and, also, the consequent therewith sentence(s) of imprisonment, and, of fine, as imposed, upon each, and, hence prefer thereagainst the instant appeal before this Court.

(3.) The deceased Lakhwinder Kaur received burn injuries on 7/1/2007, and, was admitted for their treatment on the same day at Sandhu Hospital, Daduana, Mehta Road, Amritsar. On 8/1/2007, ASI Baldev Singh moved an application before PW-12, for recording the statement of injured Lakhwinder Kaur, and, on the above application, PW-12, on 9/1/2007 made an opinion, embodied in Ex. PQ/1, that she was unable to make a statement. However, subsequently ASI Baldev Singh re-moved an application about the fitness of Lakhwinder Kaur, to make a statement, and, thereons PW-12 again, through an opinion, as carried in Ex. PR/1 rather declared, that she was unfit to make a statement. However, on 10/1/2007, ASI Baldev Singh again moved an application for seeking a declaration from PW-12 about the fitness of one Lakhwinder Kaur to make a statement, and, thereons PW-12 made an opinion, as, comprised in Ex. PS/1, that she is fit to make a statement. Consequently, ASI Baldev Singh for ensuring that the statement of the injured Lakhwinder Kaur is recorded, submitted an application before the CJM, Amritsar, with a request that the statement of the injured be recorded by a Magistrate, upon which the learned CJM, Amritsar directed, Sh. T.S.Bindra, JMIC (D), to proceed to the hospital to record the statement of injured Lakhwinder Kaur. Consequently, Sh. T.S.Bindra, JMIC (D), proceeded to Sandhu Hospital, and, recorded the statement of injured Lakhwinder Kaur, and, also on the request of the ASI, supplied to him a copy of the appositely recorded statement. The statement of Lakhwinder Kaur, as became recorded on 10/1/2007, by Sh. T.S.Bindra, JMIC (D), is extracted hereinafter.