Hemant Gupta, J. - (1.) THIS order shall dispose of the present appeal filed by Harjit Singh @ Gora and Ram Narain Thakur against the judgment dated 26.02.2010 passed by the learned Additional Sessions Judge, Ludhiana, vide which the Appellants were convicted for the offences punishable under Sections 302 and 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/ - each. In the event of default of payment of fine, the defaulter shall further undergo rigorous imprisonment for a period of three months.
(2.) KULWANT Singh @ Gola son of Devi Singh is the deceased, who was in lock up of Police Station Jagraon on 01.04.2004. It is the prosecution case that on the said date, Manjit Kaur, who was living with him as his wife and the Appellants administered tablets, which led to death of Kulwant Singh on 02.04.2004. Therefore, the Appellants along with Manjit Kaur were made to stand trial and have been convicted and sentenced by the learned trial Court, as mentioned above. The prosecution case was set in motion on the statement of the deceased Kulwant Singh @ Gola (Ex.PB) recorded by Manmohan Kumar, Naib Tehsildar, Jagraon at about 2.20 pm on 01.04.2004. The said statement of Kulwant Singh @ Gola reads as under: I am the resident of the above address. The police has arrested me many times in the poppy husk cases. About six months ago from today, I brought ten bags of poppy husk for selling but the police arrested me alongwith poppy husk. I was confined to judicial lock up in this case. About 2/3 months back, I absconded from police custody at the time of my peshi in court. Today on 01.04.2004 the police arrested me and confined in police lock up. Today at about 12.30/1 at day time, Manjit w/o Karam Chand Jogi, r/o Rampura Mohalla, Jagraon come to give me food. I took meal in the lock up. Immediately thereafter Thakur resident of New Anaj Mandi, Jagraon with said Goran s/o Surjan Dass, r/o Mohalla Rampura, Jagraon came to see me. They told me that Ludhiana police has come to take me and that they have brought two tablets of intoxicants for me and told me that if I will consume the same, I will be saved from interrogation by Ludhiana police. I took the tablets thinking them to be that of intoxication. I rested. After few moments, I vomited and became motionless. Sentry on guard told this fact to Munshi, who got me admitted in Hospital, Jagraon. Thakur and Gora gave me some poisonous substance on the excuse of intoxication tablets. No police employee compelled me to take these tablets and nor any police man ever beat me. I complain against Gora and Thakur above. Necessary action may be taken.
(3.) AS mentioned above, the deceased breathed his last on 02.04.2004. The post -mortem examination on the dead body of the deceased was conducted on 03.04.2004 by Dr. R.K. Sharma. On the same day, the dead body was handed over to Manjit Kaur against receipt Ex.PK for funeral. The present Appellants were arrested on 06.04.2004, whereas Manjit Kaur was arrested on 09.04.2004 after she made extra judicial confession before Surjit Singh.;