- (1.) Leave granted.
(2.) Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the appellants and thereby confirming the judgment of conviction and sentence passed by learned Sessions Judge, Rupnagar. The appellants were convicted for offences punishable under Section 302/323 read with Section 34 of Indian Penal Code, 1860 (in short the 'IPC' ). Accused appellant-Narinder Singh was sentenced to undergo imprisonment for life for commission of offence punishable under Section 302 Indian Penal Code, 1860
(3.) Prosecution case as unfolded during trial is as follows: Statement was given by lnderjit (PW 8) to ASI Sukhjit Singh in Civil Hospital, Morinda on 10.4.1996 at 11.50 P.M. lnderjit stated that he along with his son Pawan Kumar (hereinafter referred to as 'deceased'), Amarjit Singh son of Ram Singh and Ved Parkash were coming from their house and going towards the market for some domestic work. When they reached near the house of one Khushal Singh, at about 9.00 P.M., accused Narinder Singh @ Nita armed with a knife like a dagger, Amarjit Singh @ Amba armed with a lathi, Surinder Singh @ Chhinda and Raja Singh son of Gurmukh Singh who were not armed met them. Accused persons stopped them and stated that they wanted to talk to them. As complainant Inderjit went forward, accused Amarjit Singh gave a lathi blow on his head. Pawan Kumar, the son of the complainant, came forward to rescue him. Raja Singh and Surinder Singh caught hold of Pawan Kumar and Narinder Singh @ Nita thrust a knife in the chest of deceased who fell down. On this, Inderjit fell upon his son to save him. Thereafter, accused Raja Singh, Surinder Singh and Amarjit Singh gave fist and slap blows to the complainant. Complainant raised a hue and cry. Accused persons fled away from there. Amarjit Singh son of Ram Singh, Ved Parkash and the complainant then took deceased to Civil Hopsital, Morinda, but his life could not be saved.;