- (1.) This is an appeal against the judgment dated 26.05.2009 passed in Sessions Case No.7 dated 19.12.2007/05.03.2008 by Additional Sessions Judge, Amritsar convicting and sentencing the appellants for offence punishable under Section 302 IPC.
(2.) The prosecution case, in brief, is that on 12.10.2007 at about 10.15 pm Kuldip Kumar, SHO, Police Station Ajnala, was present with his police party at the bridge Shakki in the area of Ajnala where complainant Kartar Singh met him and got recorded his statement Ex.PB, the English translation of which is as follows: 'I am the resident of village Barlas and do labour work. I have six children. My son Billa Singh aged about 28 years, who is married, lives with me in my house. Today about 6.30 pm Billa Singh has gone on cycle to the shop of Sher Singh in village Barlas to purchase some goods. My daughter is also married in this village and was coming to my house with Billa Singh at about 7.15pm. Due to darkness I was going on kucha path towards village Barlas to take my son. Bachittar Singh and Balwinder Singh @ Binda sons of Kehar Singh, who have taken position in paddy filed by hiding themselves there, attacked Billa Singh when he came near them and threw him on the ground. They torn his shirt and put it around his neck to strangulate him. Kashmir Kaur complainant's daughter started weeping and crying and ran towards her house. The complainant also raised alarm that my son has been killed at which both the assailants picked up Billa Singh towards their house. Hearing the alarm raised by complainant, a number of villager were attracted to the spot, at which Bachittar Singh and Balwinder Singh ran away, throwing the dead body of Billa Singh in their house. The motive for occurrence was that Bachittar Singh suspected illicit relation of his wife with Billa Singh and due to this reason both brothers have killed Billa Singh. I, after leaving my son Gurdip Singh and son-in-law Gajjan Singh near the dead body, was going to Police Station to give information that you met me on the way. Legal action be taken against the culprits.'
(3.) After recording the statement of the complainant Ex.PB, SI Kuldip Kumar made endorsement on it Ex.PW-11/B and sent the same to Police Station Ajnala, whereupon formal FIR No.183 dated 12.10.2007 for offence punishable under Section 302 IPC, was recorded.;