BALWINDER SINGH AND ANR Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 21.1.2003 of the learned Additional Sessions Judge (Adhoc), Fast Track Court, Patiala whereby he convicted Balwinder Singh son of Sher Singh and Jarnail Singh alias Gatha son of Gurmail Singh under Section 302 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default, to further undergo RI for 6 months. They were further convicted under Section 450 I.P.C. and sentenced to undergo RI for 7 years and to pay a fine of Rs. 500/- each and in default, to further undergo RI for 2 months. Both the appellants were further convicted under Section 324 I.P.C. and sentenced to undergo RI for 6 months and to pay a fine of Rs. 500/- each, in default, to further undergo RI for 2 months. All the sentences were ordered to run concurrently.

(2.) Appellant Jarnail Singh alias Gatha son of Gurmail Singh died on 6.2.2007, as per the statement of the learned Counsel for the appellants. His appeal has thus abated.

(3.) The case of the prosecution is unfolded by the statement Ex.PO of Pal Singh given to SI Lakhbir Singh at Rohti Bridge near Nabha on 12.5.2001 at 9 p.m. Pal Singh stated that he is residing at Village Mandaur. He has two brothers Darshan Singh and Satnam Singh. Pal Singh along with his brother Satnam Singh had installed a flour mill in Chhoti Patti in the village. In 1996 Balkar Singh son of Sher Singh had teased his wife Satbir Kaur and due to this grudge, his father Krishan Singh, and Pal Singh along his brother Satnam Singh were named in a murder case. Later on Pal Singh and his brother Satnam Singh were acquitted, whereas his father Krishan Singh was sentenced to undergo imprisonment for 20 years. His father had now come out on six months parole, about 2-1/2 months earlier. On 12.5.2001 he along with his father was working at the mill. His father went to the courtyard and sat there at about 6 p.m. Thereafter he heard shrieks and shouts of he (Krishan Singh) being killed. Pal Singh ran and saw Jarnail Singh alias Gatha son of Gurmail Singh armed with a sword and Balwinder Singh armed with a sword, dragging his father from the courtyard of the mill into the street. Within his sight, he saw them causing injuries with their respective swords to his father Krishan Singh. Balwinder Singh raised a lalkara that they would be taught a lesson for killing Balwinder Singh's father. Balwinder Singh came running with his sword towards Pal Singh and hit him on his head with an intention to kill him. The sword instead of hitting his head, hit on the thumb of his left hand. Thereafter Balwinder Singh and Jarnail Singh caused injuries on the head, stomach and arm of Krishan Singh, while he was lying on the ground. In the meantime, his brother Satnam Singh came to the mill and saw the occurrence also. They started shouting. Accused Balwinder Singh left the sword on the spot and ran away.