SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, Sarwan Singh, is found to have murdered his father Kirpal Singh. The brother and the mother are the witnesses against him. The trial Court has found him guilty of the offence punishable under Section 302, IPC.He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine, the appellant has been sentenced to undergo rigorous imprisonment for six months. Aggrieved by the order, the appellant has approached this Court through the present appeal.

(2.) The occurrence is alleged to have taken place in Village Kirtowal on the night of May 30, 1992. The time was between 10 and 11 p.m. The First Information Report was lodged by Balwinder Singh, the younger brother of the appellant. He made a statement before Sub Inspector Tarlochan Singh which was recorded at 12.10 p.m. on May 31, 1992. This statement is Ex. PW 1/A.On the basis of this statement, FIR Ex. PW 8/B was recorded at Police Station Harike at 12 : 45/1.10 p.m. The special report was sent to the authorities concerned.

(3.) Balwinder Singh PW 1 stated that on the night of May 30, 1992 he and his mother Swaran Kaur, father Kirpal Singh and elder brother Sarwan Singh (the present appellant) were sitting in the house. They had taken their meals. Kirpal Singh (the deceased) was lying down on his cot in the courtyard. Sarwan Singh (the appellant) asked his father to sell some land and purchase a truck. The father refused. Sarwan Singh started hurling abuses, While quarrelling he picked up a Kahi (spade) and gave three blows to Kirpal Singh. The "first blow hit the nose and jaw ... the second blow hit the neck and the third blow hit the right shoulder". On receipt of these injuries, Kirpal Singh died at the spot. Sarwan Singh ran away along with the spade. In the morning, Balwinder Singh went to the Military Camp "which is in the Mand of our village". After leaving his mother to guard the dead body, he was going to the Police Station to lodge the report. On the way he met Sub-Inspector Tarlochan Singh near the school.