KULWANT SINGH ALIAS KANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-appellant Kulwant Singh @ Kanti is in appeal against the judgment and order dated 6.3.2002 passed by the learned Sessions Judge, Jalandhar, convicting him under Section 302 IPC and sentencing him to undergo life imprisonment and to pay fine of Rs.4000/- or in default of payment of fine to undergo RI for further period of three months

(2.) FIR (Exh.PC/2) leading to the conviction and sentence of accused appellant- Kulwant Singh @ Kanti was got recorded on the statement(Ex.PC) of complainant eye-witness Harbans Kaur PW3- a resident of Gillan, PS Sadar Jalandhar- being the wife of deceased Charan Singh against her accused son Kulwant Singh @ Kanti for murdering his father.

(3.) The prosecution case as per statement Ex.PC, recorded by SI Harbhajan Singh PW6 on 20.6.2001 at 7.30 pm PM in the area of Village Gakhalan is that her deceased husband was addicted to liquor and that vice led him to sell his land measuring about three acres. Now he was in the process of selling his remaining land to one Paramjit Singh about which fact her (PW3 Harbans Kaur's) accused son Kulwant Singh @ Kanti came to know. On that day at about 3 pm her deceased husband came to the house and went to milch the she goat tied in the courtyard of their house situated in the fields. The complainant and her daughter in law Sukhwinder Kaur PW3 also went to help the deceased. At that time accused Kulwant Singh @ Kanti came there having a ghotna ( a wooden implement used in kitchen for crushing vegetables etc.) in his hand. He asked his deceased father Charan Singh as to where from he had come. Upon this deceased Charan Singh retorted back by saying as to who he was to ask him that question and that he was going to sell the land. Following this a heated argument ensued between the deceased father and accused son. Soon, accused Kulwant Singh @ Kanti attacked deceased Charan Singh with ghotna which landed on left side temple of his cephalic region. He gave two more ghotna blows on the legs of deceased Charan Singh whereupon latter fell down on the ground. Eye witness complainant Harbans Kaur (PW3) and her daughter in law Sukhwinder Kaur (PW4) lifted Charan Singh and brought him to their house in the fields, where he was given water. However, deceased Charan Singh died then and there having been given ghotna blows by her son Kulwant Singh @ Kanti. This statement Ex.PC was signed by PW3 Harbans Kaur in token of its correctness. PW6 SI Harbhajan Singh, thereafter made his endorsement Ex.PC/1 and sent the same to police station for registration of a case upon which formal FIR No.460 under Section 302 IPC was registered at PS Sadar Jalandhar at 8.40 p.m., and the special report was received by the Illaqa Magistrate at 10.40 p.m., on the same day.