MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has come to this Court on grant of leave against the conviction of the appellant under Section 302 and sentence of death and also his conviction under Section 201, IPC and sentence of 7 years rigorous imprisonment and fine of Rs. 200/- awarded by Sessions Judge, Ferozepur and confirmed by the High Court of Punjab and Haryana. The appellant is convicted for having committed the murder of his father and son. It is alleged that deceased Banta Singh father of the present appellant owned 4-5 killas of land situated at Ferozepur Road where a tubewell was also installed by the side of a small kotha where he along with his grand son Seva Singh used to live away from the house where the appellant resided. It is alleged that Seva Singh was crippled and used to move about on a tricycle. Banta Singh and Seva Singh used to go to Gurudwara of their village to render services.

(2.) Banta Singh had only one son i.e. present appellant whereas the appellant had a son Seva Singh the deceased from his first wife (since deceased). Later he married second time and had two children, but she also died. At present he has the third wife and with her, he has two sons.

(3.) It was alleged, as motive for the offence, that the appellant used to quarrel with his father and son in connection with land owned by father as the latter wanted to transfer his land in the name of Seva Singh who used to live with the grandfather.