HARINDER SINGH @ BABBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-Appellant Harinder Singh alias Babba and Anupinder Singh alias Kitta were tried for causing injuries to Madhu Bala, Babu Lal and Yogesh Kumar. Ultimately, they, vide judgment dated 7.11.2002 passed by the learned Additional Sessions Judge, Patiala, were convicted and sentenced as under:

(2.) They were further sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 500/- each, under Section 450/34 IPC.

(3.) The facts in brief are that the complainant Babu Lal was married to Madhu Bala. Sonu, sister of his wife was married to Harinder Singh alias Babba 4-5 months prior to the occurrence. As a matter of fact, Sonu was earlier married 12-13 years back to somebody else and she had a daughter from the said marriage. Harinder Singh alias Babba was not disclosed this fact by the complainant and his wife, therefore, he felt annoyed. He was threatening Sonu, Maldhu Bala and Babu Lal to kill as they had concealed the material facts at the time of marriage of Sonu with him. On 19.6.1999, at about 4.00 p.m. Sonu came to the house of the complainant and disclosed that her husband had been beating her for not disclosing her first marriage and threatening to kill her and her child. However, the complainant consoled her that the matter could be settled with the intervention of the Panchayat. However, after taking the dinner, they went to sleep. On the next day i.e. 20.6.1999, at about 4.00 a.m. both the accused came and knocked the door. Anupinder Singh alias Kitta was having knife in his hand. Harinder Singh alias Babba enquired about Sonu and started speaking loudly. Resultantly, all the members of the family woke up. Harinder Singh alias Babba caught hold of the complainant by his neck and abused him and told that they had cheated him, therefore, they would be killed. However, the complainant told that since he had performed the love marriage, therefore, he was not at fault. At this, Anupinder Singh alias Kitta gave a knife blow in his chest. When Madhu Bala came out in order to save him, then he again gave a knife blow on her left arm and then third knife blow was given by him in her stomach on the left side. When their son Yogesh Kumar came forward, then Anupinder Singh alias Kitta gave a knife blow in his chest. On raising hue and cry, both the accused ran away. The injured were taken to the A.P. Jain Hospital, Rajpura by their neighbour Amrik Singh. As Madhu Bala did not regain consciousness due to injuries suffered by her, therefore, statement of Babu Lal was recorded on 20.6.1999, on the basis of which FIR Ex.PG/2 was registered. During investigation, blood stained clothes of the injured were taken into possession vide memo Ex.PL. Investigating Officer prepared the rough site plan Ex.PM. On 1.7.1999, Anupinder Singh alias Kitta was arrested and consequently, on 2.7.1999, knife was got recovered by him. Similarly, Harinder Singh alias Babba was arrested by ASI Sukhdev Singh on 20.7.1999. On completion of the investigation, challan against the accused was presented in the Court.