R.K.NEHRU, J. - (1.) THIS order disposes of Criminal Appeal No. 348-DB of 1992 and Criminal Revision No. 839 of 1992.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 4.8.1992 passed by learned Sessions Judge, Bathinda in Sessions trial No. 2 of 18.1.1991 whereby the appellant Kaka Singh @ Karam Singh, the only accused in this case, has been convicted under Section 302 IPC and sentenced to undergo life imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo RI for one year. He has also been convicted for offence under Section 307 IPC and sentenced to undergo RI for four years and a fine Rs. 200/- and in default of payment of fine to further undergo RI for six months. He has further been convicted for an offence under Section 27 of the Arms Act and sentenced to undergo RI for one year. The sentences have been directed to run concurrently. The occurrence is alleged to have taken place on 18.10.1990 at 10 p.m. in village Mandi Kalan, which is at a distance of about 6 miles from Police Station Ballianwali within district Bathinda where the case was registered under formal FIR, Exhibit PE/2, on 19.10.1990 at 1.00 p.m. on the statement Exhibit PE of Darbara Singh PW3 recorded by SI Kewal Singh PW8, in Civil Hospital, Bathinda at 11 a.m. on that very day. Special report was delivered to the Magistrate concerned on 20.10.1990 at 12 a.m. at Phul, which is at a distance of about six miles from the concerned police station.
(3.) THE prosecution case in brief can be summed up thus.;