- (1.) ON a private complaint filed by Mohinder Kaur, appellant Amar Singh (hereinafter referred to as Rs. A1') was tried by the court of Additional Sessions Judge, Mansa under Section 302 IPC for committing murder of Pargat Singh, three years old son of the complainant, whereas Darshan Singh and Pala Singh, (hereinafter referred to as Rs. A2' and Rs. A3'), brother and father of A1, respectively, were tried for the offence under Section 302 read with Section 34 IPC.
(2.) THE trial court, vide its judgment and order dated 10.6.2002, convicted A1 under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - or in its default to further undergo rigorous imprisonment for six months. A2 and A3 were acquitted of the charge by giving them benefit of doubt.
(3.) A 1 has filed this appeal against his conviction and sentence. Neither the State nor the complainant has filed any appeal against the acquittal of A2 and A3. In brief, facts of the case are that A1 is the cousin brother of Surinder Singh (husband of complainant Mohinder Kaur). Mohinder Kaur and Surinder Singh were having three children, one daughter and two sons. Pargat Singh was youngest child, aged about 3 years. On 10.6.2000 at about 7.45 PM, Surinder Singh, who was employed in the Punjab Home Guard and posted at Police Station Sadar Mansa, made statement (Ex.DC) to ASI Bant Singh in the area of village Malko to the effect that on that day at about 7 AM, after easing out, he came back to his house. After taking tea, he was getting ready to attend his duty. Then his son Pargat Singh while holding his neck from ahead came running from the side of his grand -father Gulsher Singh. Surinder Singh further stated that his mother was also coming behind Pargat Singh. She was saying that Pargat Singh did not speak. Then he lifted Pargat Singh and put his finger in his throat in order to observe as to what had happened. In the meanwhile, his wife Mohinder Kaur also came. She took Pargat Singh in her lap and poured water in his mouth, which did not get down. Then Surinder Singh got unconscious. His brother and uncle's son, namely Amrik Singh and Joga Singh, respectively, took Pargat Singh to Boha on the scooter of one Avtar Singh son of Gurdev Singh. The doctor of Patiala Hospital, Boha, told them that Pargat Singh had died. Then they brought him back to the house. Thereafter, the relatives gathered. Surinder Singh further stated that they were suspecting that A1 had given stick blow to Pargat Singh, but after verification from the neighbourhood and the village Panchayat and finding no mark of external injury on the body of the child, they were satisfied that Pargat Singh had died a natural death. No body was guilty for his death.;