JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried for the offence of murder of Teja Singh before the Special Court, Patiala. The Special Court has convicted him under Section 302, IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2000/-, in default, to suffer R. I. for two months more, Challenging his conviction and the order of sentence, the appellant has filed this appeal under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984.

(2.) According to the prosecution, murder of Teja Singh was committed under the following circumstances. On 4-8-1984 Teja Singh of village Thaska had gone to the flour mill of Tek Chand at village Gulhari to collect wheat flour as his wheat was left here two or three days earlier for grinding. Jagdev Singh also of Thaska had reached that flour mill some time earlier for getting his wheat ground. While they were waiting there Hawa Singh of village Gulhari had also come there as he too wanted his grains to be ground. The flour mill was not working at that time as there was no supply of electricity. They were all waiting for Gurmel Singh who was working at the said flour mill to return, as he had gone to enquire when electric supply was likely to be resumed on that day. At about 2.00 P. M., the appellant Jogindar Singh came there to collect his wheat flour. Teja Singh then demanded Rs. 1000/- from the appellant as the appellant had agreed to pay that amount on the previous day when a complaint was made by Teja Singh to the Sarpanch of the village that the appellant was not paying him his dues for thrashing wheat. The appellant became angry because of this demand and aimed a stick blow at the head of Teja Singh. Teja Singh successfully warded off the blow by raising his hand. The appellant then gave a blow on the head of Teja Singh as a result of which Teja Singh fell down and died soon thereafter.

(3.) To prove that the appellant murdered Teja Singh, the prosecution relied mainly upon the evidence of two eye-witness PW-2 Jagdev Singh and PW-3 Hawa Singh. PW-6 Gurmel Singh the Sarpanch of the village and PW-7 Kundan Lal a member of the Panchayat, were examined to prove that on the day previous to the incident Teja Singh had complained to them about non-payment of his dues and the appellant had then agreed to pay the same on the following day. The learned Trial Judge believed the eye-witnesses as their evidence was found to be consistent and reliable and the medical evidence also corroborated it. The learned Judge convicted the appellant under Section 302, I. P. C. as the injury caused by the appellant was sufficient in the ordinary course of nature to cause death.