BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.12.2006 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 298-DB of 2006 affirming the judgment and order dated 30.3.2006 passed by the Additional Sessions Judge, Jalandhar convicting the appellant herein for commission of an offence under Section 302 read with Section 120-B of the Indian Penal Code (for short, "IPC") and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 5000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) Appellant-Baldev Singh and Pritam Singh (the deceased) were brothers. Both were Non Resident Indians (N.R.I.). A civil suit was filed by the deceased-Pritam Singh against his nephew Harbhinder Singh, Tehal Singh and his brother Baldev Singh seeking declaration that the sale deed executed on 21st October, 1997 on the basis of a Power of Attorney dated 15th October, 1990 is null and void as it was allegedly forged and fabricated. On or about 17.2.2001 at about 11.00 a.m., when Pritam Singh was making preparation to leave his house in Paragpur for Jalandhar (Punjab, he was killed at his residence. The said incident was allegedly witnessed by Nath Ram (P.W. 25, who was a servant of Pritam Singh for last 40 years and Parminder @ Bittu, the driver of the deceased. A First Information Report ("FIR"for short) was lodged marked as FIR No. 131 of 2001 on 17.2.2001 at about 1.40 p.m. by P.W. 25, wherein he stated :

(3.) The learned Additional Sessions Judge framed charges against Harbhinder Singh and Avtar Singh under Section 302/450, IPC read with 34, IPC and Sections 25/27 of the Arms Act. A large number of witnesses were examined during the course of the trial. Learned Additional Sessions Judge opining that Harbhinder Singh and Avtar Singh were guilty, convicted them for commission of offences under Sections 302/450, IPC and under Section 25 of the Arms Act.