BALWAN SINGH Vs. STATE

JUDGEMENT

(1.) BY the impugned judgment dated 7th September, 1999, Balwan Singh, his brother Sahib Singh and his relative Amardeep Singh stand convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) for having committed murder of Karan Singh on 29th March, 1989 at about 10.30 a.m. By order on sentence dated 8 th September, 1999, they have been sentenced to undergo rigorous imprisonment for life and fine of Rs.500/ - each. In default of payment, they have to undergo rigorous imprisonment for a further period of three months. Benefit of Section 428 of Code of Criminal Procedure, 1973 was directed to be given.

(2.) ON the question of involvement of the appellants, we are inclined and agree with the reasoning given by the Trial Court, which has relied upon testimonies of Tej Singh (PW -9) and Phool Singh (PW -12), who had testified that they were eye witnesses of the said occurrence. Statement of Bhuru (PW -11) can also be relied upon by the prosecution on the principle of res gestae.

(3.) PHOOL Singh (PW -12) deposed on similar lines and stated that on 29th March, 1989 at about 10.30 a.m. when he was returning from the field with fodder, he saw appellants Sahib Singh and Amardeep Singh assaulting Karan Singh with iron rods and Balwan Singh was assaulting Karan Singh with a knife. He even alleged that Sahib Singh was shouting loudly that today they would take the life of Karan Singh. However, it is noticeable that PW -12 in his cross -examination has stated that upon hearing the exhortation, he came to the spot with the bundle of fodder and threw the same at the spot itself. He raised alarm, but did not chase the appellants. They had taken Karan Singh to their house. The Police arrived at their house after 10 -15 minutes and took Karan Singh to the hospital on a cot. He had helped in lifting Karan Singh and in this process his clothes became blood stained, but they were not taken into possession by the police.