CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the appellants in these two criminal appeals were put up for trial before the Sessions Court, Sangrur for an offence punishable under Section 302/34, I.P.C. for committing the murder of Karamjeet Singh. The Sessions Court on conclusion of the trial by its judgment and order dated May 30, 1986, convicted Lakha Singh (A-1) (appellant in Crl. Appeal No. 62 of 1988) under Section 302, I.P.C. and sentenced him to suffer imprisonment for life, but, however, acquitted Charan Singh (A-2) (appellant in Crl. Appeal No. 61 of 1988). The State of Punjab aggrieved by the order of acquittal of Charan Singh (A-2) filed criminal appeal before the High Court of Punjab and Haryana at Chandigarh. The convicted accused Lakha Singh (A-1) also filed the appeal challenging his order of conviction and sentence before the said High Court. Both the appeals were heard together and the High Court by its judgment and order dated August 24, 1987 allowed the criminal appeal filed by the State and set aside the order of acquittal of Charan Singh (A-2) and convicted him under Section 302/34, I.P.C. and sentenced him to suffer imprisonment for life. The appeal filed by Lakha Singh (A-1) was dismissed. It is against this judgment and order of conviction passed by the High Court, the appellants have filed these two separate criminal appeals to this Court. Criminal Appeal No. 62 of 1988 is by Special Leave whereas Criminal Appeal No. 61 of 1988 is a statutory appeal.

(2.) Both these appeals arise out of common judgment and, therefore, they are being disposed by this judgment.

(3.) The prosecution case in nutshell was as under:- Karamjeet Singh (since deceased) had advanced a loan of Rs. 100/- to Lakha Singh (A-1) but he failed to return the said amount. On 14th August, 1985, Karamjeet Singh demanded the said amount from A-1, but he refused to pay the same and, therefore, Karamjeet Singh gave a slap to him.