SUKHDEVSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The appellant Sukhdev Singh has directed this criminal appeal canvassing the correctness and legality of the judgment made in Criminal Appeal No. 578 of 1979 on the file of the High Court of Punjab and Haryana confirming the judgment of the trial Court, convicting him under S.302, I.P.C. and sentencing him to undergo imprisonment for life therefore.

(2.) This appellant along with three others took their trial on the allegation that on 13-9-78 at about 5.00 p.m. in the revenue village Shahpur Kalan, in furtherance of common intention murdered Sant Singh alias Lilloo, the deceased herein.On the said allegation, the appellant was charged for an offence uneter S.302 whilst the rest of the three accused were charged under S.302 read with S.34, I.P.C.

(3.) According to the prosecution, this appellant and the other three accused who are since acquitted and who are not before us emerged from sugarcane field. The appellant had a gandasa (chopper), the accused Atma Singh had a Takua (distaff) and the remaining two accused had ghops.A lalkara (challenge) was exhorted by the appellant stating that the deceased should be taught a lesson since he had given some information to the police in connection with the distillation of illicit liquor. The acquitted accused Atma Singh shouted that the deceased should not be allowed to go alive. On the lalkara of the appellant and at the instigation of accused Atma Singh, the accused Nikka Singh gave two blows with a ghop on different parts of the body of the deceased. Following that the acquitted accused Lakhbir Singh gave two more blows with the similar weapon whilst the acquitted accused Atmasingh gave a blow with a Takua on the right leg. On receipt of these injuries, the injured Sant Singh fell down on the ground. It is stated that it is only thereupon the present appellant is said to have dealt a blow with the gandasa near the right ear. The accused Lakhbir Singh not being satisfied with the blows that he had already dealt with gave one more blow with a ghop on the right arm of the deceased. The injured was removed to Primary Health Centre, Longowal and he died at 7.40 p.m.