Both these appeals, filed against the judgment of conviction
dated 08.09.2005 in Sessions Case No.14 dated 17.05.2005 passed by the
Additional Sessions Judge, Ludhiana in case bearing FIR No.08 dated
21.01.2005 registered under Section 302 of the Indian Penal Code, 1860 at
Police Station Shimlapuri, District Ludhiana, are being decided by common
judgment.
2. For the facility of reference, facts are however being referred to
from CRA-673-DB
DB-2005 titled ‘Harpreet Singh Vs. State of Punjab.’
FACTS:
3. Briefly the facts are that a ruqa ‘Ex.PD’ sent by Guru Teg
Bahadur Hospital, Ludhiana was received at the Police Station on
102 (02 cases) CRA-673-DB-2005(O&M)
CRA-674-DB-2005 (O&M)
20.01.2005 at 07:50 PM about Ravinder Singh, since deceased, having been
brought to the Hospital by the appellant-accused Ranjit Singh. SI Bittan
Kumar accordingly reached the hospital on 20.01.2005 and moved an
application ‘Exh.PJ/2’ before the Medical Officer for seeking opinion as to
whether the injured was fit to make a statement or not. The Doctor, vide
endorsement ‘Exh.PJ/1’ declared the injured unfit to make a statement. On
the next day i.e. 21.01.2005 (wrongly mentioned as 21.05.2005), SI Bittan
Kumar moved another application ‘Exh.PK’ before the concerned
Dr. Kamaljit Kaur, who declared Ravinder Singh fit to make a statement
vide endorsement ‘Exh.PK/1’. Thereafter statement ‘Exh.PG’ of Ravinder
Singh was recorded. Kuldeep Singh, brother of Ravinder Singh was present
while recording the statement and he appended his signatures, in token of its
correctness and an endorsement ‘Exh.PG/1’ was also made by the
Investigating Officer. The same was sent to the Police Station whereupon
the FIR was registered as Exh.PG/2.
