TaxTMI 
TaxTMI 
2016 (3) TMI 694
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....victed by the High Court under Section 302 of Indian Penal Code, 1860 (for short "IPC"), and sentenced to imprisonment for life and directed to pay a fine Rs. 5,000/- and in default of payment of fine he is directed to undergo rigorous imprisonment for a further period of six months. Appellant Darshan Singh has been further found guilty of the charge of offence punishable under Section 324 of IPC, and sentenced to undergo rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/- with default clause directing to undergo rigorous imprisonment for further period of two months. 2. We have heard learned counsel for the parties and perused the papers on record. 3. Prosecution story, in brief, is that there was d....
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....ed Harbans Singh (deceased) with Kripan. Accused Darshan Singh (appellant) also took out his Kripan and inflicted injuries on the person of Santa Singh (another deceased). Accused Darshan Singh (appellant) is said to have given blows also to Raj Singh. Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also. Accused Boota Singh instigated other accused that no one should be escaped alive. The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries. 4. Report of the above incident was lodged by complainant Amrik Singh (PW-2). On the basis of it, FIR No. 14, dated 17.02.1995 was registered at Police Station, City Faridkot. Th....
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....tnesses), PW- 4 Dr. Sarabjit Singh Sandhu who conducted post-mortem examination, PW-5 Dr. Manjit Singh, PW-6 Gurcharanjit Kaur, Ahalmad, PW-7 Ujjagar Singh, Steno to A.D.C. Moga, PW-8 ASI Basant Singh, PW-9 Head Constable Shagan Singh, PW- 10 Inspector Prithvi Singh, PW-11 Prithi Pal Singh, S.S.Teacher, PW-12 Dharam Singh, Draftsman, PW-13 MHC Baljit Singh, PW-14 Dr. S.P. Singla, PW- 15 Sub Inspector Shivraj Bhushan, PW-16 Sub Inspector Ram Singh, PW-17 Inspector Ranjit Singh, PW-18 Constable Jagjit Singh and PW-19 Satish Kalia, Ahalmad. 7. The evidence adduced by prosecution was put to the accused by the trial court under Section 313 of Cr.PC. In reply to which the accused persons alleged that evidence against them was incorrect. Appell....
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....e was convicted under Section 302 of IPC for committing murder of Santa Singh and sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/- with default clause. He was further convicted under Section 324 of IPC for voluntarily causing hurt with a deadly weapon on person of Gursewak Singh and Raj Singh and sentenced to rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/- with default clause. Aggrieved by said judgment and order dated 02.09.2008, passed by the High Court, this appeal is filed by accused Darshan Singh who was acquitted by the trial court, but order of acquittal was reversed and was convicted by the High Court. 10. Mr. K.T.S. Tulsi, Senior Advocate, on behalf of the appellant, has ar....
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.... to prove that appellant Darshan Singh was not present with other accused at the place of incident and had gone elsewhere, lies on him. Injured eye witnesses have assigned specific role as to how he assaulted Santa Singh who suffered ante mortem injuries which gets corroborated from the autopsy report of Santa Singh. There are as many as five stabbed wounds out of the six ante mortem injuries. The same are being reproduced below from autopsy report of Santa Singh:- "1. Transverse stab wound 3 x 0.5 cm was present on the anterior side of chest on the left side, 6 cms below and lateral to left nipple at 4.00 O' clock position. C.B.P was present. On dissection, it is going in wards and medially through 6th inter costal space, piercing the p....
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....h found to have suffered following injuries as per the injury report proved on the record:- "1. 1.0 cm x 0.25 cm incised wound on the middle of forehead. X-ray advised. 2. 2 cm x 1 cm incised wound on right side of chest 17 cms from xiphisternum. Profuse bleeding was present. X-ray advised. 3. 3 x 2 cms incised wound on right lumber region-10 cms below injury no.2. Surgical opinion and X-ray advised." 15. Third eye witness PW-3 Raj Singh suffered following injuries on the date of incident, as proved on the record:- "1. 1.9 cm x 1 incised wound in right Gluteal region-6 ½ cms below the right. Anterior superior iliac spine. X-ray advised. 2. 2cms x 1 cm incised wound on right lower chest. Bonedeep 22 cms below the rig....