GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment passed by the Judge, Special Court. Ferozepore convicting the appellants. two in number, viz., Gurdip Singh and Gurdas Singh for offences under S. 302, I.P.C. and convicting them to life imprisonment.

(2.) Originally there were four accused. two of them were acquitted. The appellants were aged 19 and 17 years at the time of the offence. The prosecution case in short is as follows:

(3.) Maya Bai had two sons and two brothers. She is the mother of Jit Singh and Gurdip Singh, accused Nos. 1 and 2 in the case and sister of Teja Singh and Gurdas Singh, accused Nos. 3 and 4. The deceased is one Kishore Singh, aged 45 years. The accused suspected that Maya Bai had illicit relationship with the deceased. On March 14, 1984, the deceased was returning from village Fattuwala and when he reached the field of Kashmiri Lal, the four accused came out of the wheat field of Kashmiri Lal. The first appellant had a kirpan with him and the second appellant a kappa. It is alleged that the four accused took the deceased to the wheat field of Kashmiri Lal and threw him on the ground. One of the acquitted accused Jit Singh caught hold of the arms of the deceased and the two appellants caused injuries with the weapons in their hands. to the deceased. There was an alarm created by Lachhman Singh, P.W. 3. which attracted P.W. 4 - Rulia Singh and Mohinder Singh. When they reached the spot. the accused ran away with their weapons, P.W. 3 gave the F.I.R. at 8.30 P.M. The deceased had seven injuries on his body. Injury No. 7 was fatal according to the doctor who examined him. The accused were arrested on 18-3-1984 and the alleged weapons were seized on 21-2-1984. The appellants in their 313 statement denied their guilt and stated that they were innocent.