SAIL SINGH STATE OF PUNJAB Vs. MOHINDER PAL

JUDGEMENT

(1.) Criminal appeal No. 738 of 1983 is preferred by the informant Sail Singh questioning the Judgment of the High court in so far as the High court set aside the Judgment of the learned Sessions Judge and acquitted Mohinder Pal. Criminal Appeal No. 731 of 1983 is by the State of Punjab for the same reason.

(2.) In fact, before the Sessions court, there were three accused, all brothers.- Mohinder Pal. Devinder pal and Surinder Pal and were charged under section 302 Indian Penal Code for the murder of one Dilbagh Singh (brother of Sail Singh, PW9. The learned Sessions Judge acquitted Surinder Pal and convicted Mohinder pal (respondent herein) and his brother Devinder pal and sentenced horn of them to life imprisonement. The High court confirmed the conviction of Devinder Pal but acquitted Mohinder Pal.

(3.) The following relationship of the parties is relevant. The deceased Dilbagh Singh was a veterinary Surgeon posted in the village Rihana Jattan, at the material time. His first wife was Pritam Kaur and a son, Narinder Singh was born to them. For some reasons, Pritam Kaur was not living with Dilbagh Singh but was living with her brothers. Of course, Narinder Singh was living with his father. Dilbagh Singh married Manjit Kaur (PW10 as his second wife and she gave birth to two sons. Suknjinder Singh and Balwinder Singh. (It is in evidence that Manjit Kaur's first husband Shish Singh died and her son Amarjit Singh, by her first husband, lives abroad). PW9, Sail Singh, appellant in Criminal Appeal No. 738 of 1983 is the brother of deceased Dilbagh Singh.