BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balbir Singh and Inderjit Singh, the appellants, are brothers. Onkar Singh, brother of Brijinder Singh, the father of the appellants, died of multiple injuries on 8-7-1974. The appellants along with Mehar Singh were tried on the charge of murder under Section 302, I.P.C., read with Section 34, I.P.C. The Sessions Judge acquitted the accused of the charge. The High Court, in appeal preferred by the State, convicted these appellants and sentenced them to undergo imprisonment for life under Section 302, I.P.C.

(2.) The appeal being one under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, the appellants' learned counsel persuaded us to go through the entire evidence maintaining that the High Court has erred in interfering with the order of acquittal. According to the learned counsel, the view taken by the trial Court is reasonable and there was no Justification for upsetting the judgment even if a different view could have been taken by the appellate Court on reappraisal of the evidence. It was contended that the High Court has not effectively dislodged the various reasons given by the trial Court for discarding the evidence and that the conclusion drawn by the High Court on the evidence on record is clearly wrong.

(3.) In order to appreciate these arguments it is necessary to set out briefly the facts of the case and summarize the relevant evidence. The deceased, Onkar Singh, at the time of his death was employed in government service and was residing in Chandigarh. His brother, Darbara Singh, and his son Ishwardial Singh, as well as these appellants were residing in the village. Onkar Singh came to the village on 6th July, 1974. On 8th Jury, 1974, at about 10.30 a.m., Darbara Singh, along with his wife, Surjit Kaur, and son Ishwardial Singh had gone to the mangrove across the choe to collect mangoes for being given to Onkar Singh. While they were returning home along the pathway, Onkar Singh was seen coming in the opposite direction. The two appellants along with their companion emerged on the scene and attacked Onkar Singh. Balbir Singh had a datar and Inderjit Singh had a sua and Mehar Singh had a lathi. After inflicting injuries with the weapons the appellants, escaped. The deceased, Onkar Singh, was removed to the house of Darbara Singh for being rushed to the hospital but within a short time, he breathed his last.