- (1.) This appeal is directed against the judgment and order dated 07.02.2005 passed by the Sessions Judge, Ludhiana in Sessions Case No. 10 dated 29.09.2003, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life besides a fine of Rs.10,000/- or in default thereof to undergo further RI for one year.
(2.) The short case of the prosecution is that Balbir Singh son of Dalip Singh [PW1] on 24.05.2003 got the FIR [Ex.PA] recorded stating that his brother Charanjit Singh had died about five years ago leaving behind three sons, namely, Narinder Singh, Baljinder Singh and Kulwinder Singh. Narinder Singh was married and had one daughter, aged about one and half years at the time of occurrence. Narinder Singh had been away to Mascot and had returned recently to the village around 1 months back. Narinder Singh had gone towards their fields on a bicycle on 23.05.2003 at about 7.00 PM but did not return on the night of 23.05.2003. Kulwinder Singh [appellant], another nephew of the complainant, informed him at about 6.00 AM on 24.05.2003 that Narinder Singh did not return to the house on the previous night. The complainant immediately went on a bicycle towards the fields in search of Narinder Singh and when he neared the tube-well bore of Gurdev Singh son of Rulia Singh on link road, he saw that one person in white clothes was lying near the water-tank and on reaching near the said person, he found that it was his own nephew Narinder Singh, who was lying dead there with a grievous head injury. The complainant went back to the village and informed Surjit Singh Sarpanch and Baljinder Singh and Kulwinder Singh, his nephews, namely, brothers of the deceased that he had seen Narinder Singh lying dead. All of them reached the spot and after leaving the Chowkidar to guard the dead-body, they went to inform the police. Tejinder Singh Inspector, who was present in the Police Station, Samrala recorded the FIR [Ex.PA].
(3.) The police officials reached at the spot where the body of Narinder Singh was lying. Inspector Tejinder Singh [PW10] picked up blood stained earth and sealed it into a small plastic box vide recovery memo [Ex.PD]. Inquest Report on the dead body of Narinder Singh [Ex.PC] was prepared. Inspector Tejinder Singh then prepared an application [Ex.PW10/B] for conducting Post-Mortem Examination on the dead body of Narinder Singh and sent Head Constable Sukhdev Singh with the dead body. After the Post Mortem Examination was conducted, HC Sukhdev Singh [PW4] produced before Inspector Tejinder Singh the blood stained clothes of the deceased [Ex.P-2 to P-6] and a pair of blue coloured Chappals [Ex.P-8] and all other items were taken into possession vide Recovery Memo [Ex.PW10/C]. A gold coloured ring of the deceased was also sealed and taken into possession vide recovery memo [Ex.PW10/D]. A Site Plan [Ex.PW10/E] showing the place of occurrence was also prepared.;