H.S. Bhalla, J.- Murder Reference No. 11 of 2005 was sent to this Court under Section 366 of the Code of Criminal Procedure for confirming of death sentence awarded to appellant Gurcharan Singh @ Happy by the learned Sessions Judge, Faridkot.

Appellant Gurcharan Singh @ Happy has also filed Criminal Appeal No. 794-DB of 2005. We shall be deciding both Murder Reference No.11 of 2005 and Criminal Appeal No. 794-DB of 2005 together by a common judgment, as they arise out of the same impugned judgment/order dated 18/19.10.2005 passed by the learned Sessions Judge, Faridkot.

The learned Sessions Judge, Faridkot, vide his judgment/order dated 18/19.10.2005 had convicted appellant Gurcharan Singh @ Happy under Section 302 of the Indian Penal Code and sentenced him to death subject to confirmation by the Hon’ble High Court as per provisions laid down in Section 366 of the Code of Criminal Procedure.

2. The case of the prosecution is unfolded by complainant Parminder Singh son of Bachan Singh, who got his statement Ex. P-9 recorded before Mukhtiar Singh, Sub Inspector/Station House Officer in the Police Station Sadar Faridkot stating therein that he is the resident of village Badh