SANJEEV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sanjeev Kumar, the appellant before us, his brother Narinder Kumar and father Om Parkash were tried by the Sessions Judge, Jullunder for an offence punishable under Section 302/34, IPC on the allegation that on April 15, 1986 they committed the murder of Yudhvir in furtherance of their common intention. While acquitting Om Parkash of the above offence the trial Judge convicted the other two and sentenced each of them to suffer imprisonment for life and pay fine. As the appeal preferred by the two convicts was dismissed by the High Court they filed a petition before this Court seeking special leave to appeal. Such leave was granted to the appellant only and hence this appeal at his instance.

(2.) Yudhvir (the deceased) along with his brother Jyoti Parkash and father Sukhdev Raj (P.W. 5) used to reside at Basti Sheikh in the city of Jullunder. Dharam Pal (P.W. 6), brother of Sukhdev, also resided in the same locality in an adjacent house. Om Parkash is married to the sister of Sukhdevs father and his house is situated at a distance of about 75 yards from the house of Sukhdev.

(3.) According to the prosecution case about three or four days prior to the incident, with which we are concerned in this appeal, Narinder and Sanjeev had quarrelled with Yudhvir and in course thereof exchanged abuses. The matter was, however, settled at the instance of the respectable people of their locality.