JUDGEMENT
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(1.)This appeal is filed by the State of Punjab
challenging the judgment dated 17.10.1997 in Criminal Appeal
No. 319 of 1995 whereby the High Court, while partly
allowing the appeal, altered the conviction and sentence of
the appellants-accused from Section 302/34 IPC to Section
304 Part-I read with Section 34 IPC and sentenced them to
undergo rigorous imprisonment for five years each and to pay
a fine of Rs. 1,000/- each, in default of payment of fine
to further undergo rigorous imprisonment for one year.
(2.)The prosecution case, in short, is as under:-
Desa Singh, Jessa Singh and Gurnam Singh were
three brothers. On the night of 15.5.1993, Gurnam Singh,
resident of village Pakan, Police Station Sadar Fazlika,
District Ferozpur was sleeping in the threshing floor of his
wheat field for guarding the wheat. According to the
prosecution, the accused persons came there at about 10 p.m.
in a drunken condition and took Gurnam Singh with them on
the pretext of serving him liquor. This was allegedly seen
by Santa Singh (PW5). Next day i.e. on 16.5.1993, in the
morning at 6 a.m., Desa Singh (PW4), brother of deceased
Gurnam Singh reached in the field to serve him tea. He did
not find Gurnam Singh there. On enquiry, he was told by
Santa Singh (PW5) of the adjoining field that last night at
about 10 p.m., the accused persons had taken him away. The
prosecution further alleges that on being told by Santa
Singh (PW5) that the accused persons had taken him away,
Desa Singh along with Santa Singh went to the residence of
accused Nishan Singh where they came to know that the
accused persons had killed Gurnam Singh and their sister
Paramjit Kaur by strangulation because Paramjit Kaur had
sexual relations with Gurnam Singh. Thereafter, Desa Singh
along with Santa Singh went for lodging the report of
murder of Gurnam Singh and Parmajit Kaur. SI Talwinderjit
Singh met them on bus stand to whom they reported the
matter. That is how the FIR came to be recorded on
16.3.1993 at about 9.15 a.m. It is significant to note
that a copy of this FIR reached the area Magistrate only
on 16.3.1993 at 10.30 p.m.
(3.)Upon lodging of FIR, SI Talwinderjit Singh
(PW7) went to the house of accused at "Dhani Gowarewali" in
village Pakkan and found the dead bodies of Gurnam Singh
and Paramjit Kaur lying in the courtyard of house of
accused. It is on that basis that the investigation
started. During investigation, the prosecution claims to
have found an eye-witness Mohan Singh (PW6) who, on the
night of 15.5.1993 is alleged to have seen the murder of
Gurnam Singh and Paramjit Kaur by strangulation by putting
a rope around their neck by all the accused persons but had
never bothered to report the matter to any of the family
members of the deceased Gurnam Singh though admittedly he
himself was the first cousin of the deceased Gurnam Singh.
He ultimately became available for recording the statement
only on the third day. He has been disbelieved by both the
courts below.
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