(1.) Appellants-Baljinder Kaur and Tarsem Singh have preferred the present appeal against the judgment and order dated 13.05.2003 passed by Shri M.S.Chauhan, learned Additional Sessions Judge, Amritsar vide which the aforesaid accused/appellants were convicted and sentenced.
(2.) The prosecution story in brief is that on May 20, 2000 ASI Karnail Singh, who was posted as Head Constable in G.R.P. Amritsar, received a memo whereby it was intimated that as reported by cabin man Rachhpal Singh one person had been run over and killed by 3 ABP/D/20/2/2000 train going from Amritsar to Pathankot and the dead body was lying on the railway track. Said Karnail Singh along with a police party rushed to the disclosed place and found a dead body lying on the Railway Track. He prepared a inquest report (Ex.PW7/1). On search of the body one identity card bearing No.930071701 in the name of IC Hardev Singh of 111 Battalion B.S.F. cash amounting to Rs.20,000/-. one wrist watch and one ring were recovered. These articles were taken into possession vide a memo (Ex.PW7/8). During the inquest proceedings, statements of Tarsem Singh and Piara Singh (Ex.PW7/4 and Ex.PW7/5) were recorded. Dead body of the deceased was sent for post mortem examination through constable Daya Singh and opinion of the doctor regarding the cause of death was obtained . After post mortem examination, dead body of the deceased was handed over to his father Malook Singh and wife Baljinder Kaur.
(3.) However, a complaint (Ex.PC) was made by one Hazara Singh on March 17, 2000.