HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants and four others were accused of having committed murder of Nachattar Singh in pursuance of their conspiracy. Out of six accused, only three could be put up for trial as Gurtej Singh, Chamkaur Singh and Jagdev Singh were found absconding and their presence could not be obtained at the trial. In fact they were declared as proclaimed offenders. The trial Court believed the evidence of the prosecution witnesses and held that Gurtej Singh and Chamkaur Singh had caused death of Nachattar Singh and the said murder was committed by them in pursuance of the conspiracy hatched by them along with Hardev Singh, Pritam Kaur and Paramjit Kaur. The trial Court, therefore, convicted two appellants and Paramjit Kaur for the offence punishable under Section 302 read with Section 120-B Indian Penal Code. All the three appealed to the High Court and their appeal was dismissed.

(2.) Hardev Singh and Pritam Kaur have now approached this Court challenging their conviction. What is urged by the learned counsel for the appellants is that the evidence led by the prosecution to connect the appellants with the murder of Nachattar Singh is really insufficient and, therefore, their conviction under Section 302 read with Section 120-B Indian Penal Code is neither proper nor legal.

(3.) As pointed out by the High Court, the evidence led by the prosecution against the appellants was to the effect that they suspected that Nachattar Singh had killed Joginder Singh, father of appellant No. 1 and husband of appellant No. 2 and they wanted to take revenge. On one day in presence of Mukhtiar Singh P. W. 4, Parminder Singh P. W. 5 and Avtar Singh P. W. 7 they declared that they would take revenge. These witnesses had seen Gurtej Singh in the house of the appellants and heard him assuring appellant No. 2 not to worry as they were going to show the result.