TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is by special leave granted to the appellant Teja Singh who is the maternal uncle of Balwant Singh who died of injuries on 9-4-1987. Police challaned three paternal uncles of Balwant Singh (Kehar Singh, Bachan Singh and Jit Singh) besides some others. The Sessions Court convicted those three uncles of Balwant Singh under Section 302 read with Section 34 and under Section 201 read with Section 34 of the Indian Penal Code. They were sentenced to undergo imprisonment for life and a fine of Rs. 500/- (Rupees five hundred only) each on the first count and rigorous imprisonment for six months and a fine of Rs. 200/- (Rupees two hundred only) each on the second count. But the High Court allowed their appeal and acquitted them.

(2.) The incident which led to the death of Balwant Singh son of Didar Singh took place during the early hours of 9-4-1987. Didar Singh and appellant Teja Singh and the three respondents herein are the sons of one Bhagwan Singh. After his death disputes arose between Didar Singh and one other respondent Bachan Singh in respect of a landed property. On the previous day of death of Balwant Singh there was an altercation and a brawl between Bachan Singh and Didar Singh over construction of a structure made by Bachan Singh. A Police complaint was made by Didar Singh thereon and a case was registered against the accused persons.

(3.) Prosecution case is that Balwant Singh went to their tubewell on his scooter during the early hours of 9-4-1987 as per his usual practice. When he reached there, the three respondents and their companions confronted him and forcibly took him and his scooter in a tractor trolly and decoyed him to a far away place. On the way, they killed Balwant Singh and threw his dead body on the side of Patiala Sarhind Road, about 12 Kms. away from the tubewell.