SUSHIL KUMAR AND ANOTHER Vs. STATE OF PUNJAB
LAWS(P&H)-2019-1-27
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 16,2019

Sushil Kumar and Another Appellant
VERSUS
STATE OF PUNJAB Respondents




JUDGEMENT

Rajiv Sharma, J. - (1.)This appeal is instituted against the judgment and order dated 02.12.2015 rendered by the learned Additional Sessions Judge, Pathankot, passed in Sessions Case No.74 dated 03.10.2001 whereby the appellants were charged with and tried for offences punishable under Sections 302, 404, 201 of the Indian Penal Code ( in short "IPC"). They were convicted and sentenced as under:-
' JUDGEMENT_27_LAWS(P&H)1_2019_1.html JUDGEMENT_27_LAWS(P&H)1_2019_2.html

(2.)The case of the prosecution in a nutshell is that Ankur Kumar, complainant had deposed that he and his deceased father Balwant Singh were doing the finance business under the name and style of M/s Shiv Shakti Finance Company, Pathankot. On 20.03.2001, they closed the office in the evening. Deceased Balwant Singh asked Ankur Kumar complainant to go home and he would come later on. The complainant came back to home. He received telephone call from his father that he would come late. The complainant further testified that his father did not come back. In the morning they received telephone call that their car was parked near Alishan Hotel. The complainant accompanied by his maternal uncle, Vijay Kumar and 2/3 persons reached there. They found that their car was parked on the back side of hotel. They noticed blood on rear seat and mats of the car. They also noticed sand and grass on the car seat as well. The car stereo was missing. The complainant along with his maternal uncle Vijay Kumar, Rajesh Kumar and Om Dutt went towards Dalhousie. When they reached Simbal Adda, someone told them about a dead body lying in trench at some distance. They rushed to that place. The complainant found dead body of his father. It was only having vest, underwear and socks. He noticed that the rings including one ring bearing inscription 'BS', chain, Titan watch, gold bracelet, mobile phone were missing. Thereafter the formal FIR Ex.PG/2 was registered on the basis of the complainant's statement Ex.PG. The police party reached at the spot. The blood stained earth was lifted. After preparing parcel, it was taken into possession vide memo Ex.PB. A pant and shirt were found at a distance of 15 karams from dead body. Photographs were clicked on the spot. The body was sent for post-mortem examination. The post-mortem was conducted by PW-3 Dr.Surjit Singh. The cause of death was due to haemorrhage and shock due to injuries on the vital organs, i.e. heart, lung, intestine, kidney. These injuries were sufficient to cause death in the ordinary course of nature. The injuries were ante mortem in nature. The probable time elapsed between injuries and death was immediate and between death and post-mortem was 24 to 48 hours. The post-mortem report is Ex.PF. The matter was investigated and challan was put up after completing all the codal formalities.
(3.)Prosecution examined a number of witnesses. The statement of appellants were also recorded under Section 313 Cr.P.C. They have denied the case of the prosecution. The appellants were convicted and sentenced as noticed hereinabove. Hence the appeal.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.