MEHTAB S.GILL,J - (1.) THIS is an appeal against the judgment dated 25.7.1997/26.7.1997 of the Additional Sessions Judge, Patiala, whereby he convicted Charan Singh son of Ram Singh and Jagjit Singh son of Charan Singh under Sections 302/201/34 IPC and sentenced them to undergo life imprisonment under Section 302/34 IPC and two years RI under Section 201 IPC. Fine of Rs. 500/- and Rs. 200/- was imposed under Section 302/34 IPC and under Section 201 IPC respectively. In default of payment of fine, to further undergo two months R.I. and one month R.I. respectively. Sentenced were ordered to run concurrently.
(2.) THE case of the prosecution is unfolded by the statement Ex. PB of Harnek Singh given to ASI Hazur Singh within the area of Village Khalsapur. Harnek Singh stated, that he is a resident of Village Sarkapra and is ex- Sarpanch of the village. On 3.12.1995 at about 9.00 p.m., his son Gurmit Singh had gone to sleep in the Baithak situated in the Bara after taking his meals. His son did not come uptil 6.30 a.m., nor did he bring the cattle out. Harnek Singh went to the Baithak and found that Gurmit Singh was not there. Harnek Singh along with his other son Jagjit Singh went towards his fields situated on the western side of the village. On reaching the Ghaggar bandh, they found the dead body of Gurmit Singh lying in the bushes. There were injuries on the forehead, mouth, neck, throat, both elbows and the back of the dead body. Blood oozed out from his right ear. His hair were full of mud. Harnek Singh stated, that his son Gurmit Singh had illicit relations with Ranjit Kaur daughter of Charan Singh. Charan Singh had complained to him a few days earlier about this relationship. Harnek Singh suspected that Charan Singh and his sons Jagjit Singh @ Bhola, Sukhwinder Singh @ Kaka and Birbal Singh @ Roda have murdered his son. On the basis of this statement, FIR Ex. PB/2 was recorded on 4.12.1995 at 12.15 p.m. The special report reached the JMIC on the same day at 4 p.m.
(3.) THE prosecution to prove its case brought into the witness box Dr. O.P. Aggarwal PW-1, Harnek Singh PW-2, Mukhtiar Singh PW-3, Rajwinder Singh PW-4, Gurdial Singh PW-5, Gurbachan Singh PW-6, Sukhdarshan Singh PW-7 and Hazura Singh ASI PW-8.;