PUNJAB SINGH Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF PUNJAB
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(1.)Criminal appeal nos. 1247-1248 of 1995 are preferred by one Punjab Singh, who was the informant in sessions case no. 31 of 1988 arising out of F. I. R. No. 66 dated 7th February, 1988, police station sadar Malout, Faridkot. Criminal appeal no. 1249 of 1995 is filed by the state of Punjab. All these appeals have been filed against the judgement of the High court of Punjab and Haryana at chandigarh made in criminal appeal no. 191-DB of 1990 and criminal revision no. 870 of 1990.
(2.)The facts leading to the filing of these appeals, briefly stated, are as follows: the respondents accused in these appeals were charged for having caused the death of one Sarwan Singh on 7th February, 1988 at about 5.15 p. m. in village guru Sarjodha Ka within the jurisdiction of police station Sadar Malout, Faridkot and also for having caused injuries to p. Ws. 4 and 5. They were, accordingly, charged for offences punishable under sections 302/452/323 read with section 34 of the Indian Penal Code. The sessions court, after trial, convicted the respondent, virsa Singh, alone for having caused the murder of the deceased sarwan Singh, found him guilty of offence punishable under section 302 I. P. C. and sentenced him to undergo imprisonment for life, while the other three accused persons were acquitted of all the charges. The learned sessions judge relied upon the evidence of P. Ws. 4 and 5, who were treated as eye-witnesses by the prosecution, as also the motive alleged by the prosecution against the accused persons.
(3.)The respondent, Virsa Singh, challenged his conviction and sentence before the High Court in the above-stated criminal appeal, while the complainant, punjab Singh, who is one of the appellants in the above-noted appeals before us, preferred a revision against the order of acquittal of Surjan Singh, Gopal Singh and Sohan Singh, who were accused nos. 2 to 4 before the sessions court.
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