JASPAL ALIAS TOTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict-appellant Jaspal @ Tota is in appeal against the judgment and order dated 8.5.2001 passed by the learned Sessions Judge, Jalandhar, convicting him under Section 449 and 302 IPC and sentencing him to undergo RI for ten years and to pay fine of Rs.5000/- or in default of payment of fine to undergo RI for further period of three months for the offence under Section 449 IPC and for offence under Section 302 imprisonment for life and to pay fine of Rs.5000/- or in default of payment of fine to undergo RI for further period of three months. Substantive sentences have been ordered to run concurrently.

(2.) Swaran Singh PW7- the complainant eye witness has stated in his statement Ex.PK that he is resident of Village Khurampur, PS Mehatpur and has four children. The eldest son Jaspal Singh is married and living separately, the next was deceased Gurinderpal Singh @ Bittu, daughter Pammi and youngest son Nachhatar.

(3.) The prosecution case as per FIR Ex.PK/2, recorded on the statement of complainant eye witness Swaran Singh PW7 on 8.9.1999 at 10.40 PM at Bus Stand Mehatpur is that at about 8.30 PM, complainant eye-witness Swaran Singh PW7 alongwith his deceased son Gurinderpal Singh @ Bittu on hearing whistles in the street came out of their house. They found Sarbjit @ Sabba son of Malkiat Ram and Jaspal @ Tota son of Gurmej @ Bhullar blowing whistles while standing in the street. At this deceased Gurinderpal Singh @ Bittu advised both of them not to blow whistles and to go away, upon which Sarabjit @ Sabba and accused appellant Jaspal @ Tota threatened deceased that he will be taught a lesson for preventing them. After about half an hour i.e. at 9 PM when complainant eye- witness Swaran Singh PW7 and his deceased son Gurinderpal Singh @ Bittu were present in their house, accused appellant Jaspal @ Tota armed with datar (sickle) and Sarabjit @ Sabba, who was empty handed barged into their house. Thereafter, Sarabjit @ Sabba twisted the left arm of deceased Gurinderpal Singh @ Bittu which was brought to his (Bittu's) back and exhorted accused appellant Jaspal @ Tota to give sickle blow so as not to leave him alive that day. Upon this, accused appellant Jaspal @ Tota gave a sickle blow on the right side of chest of deceased Gurinderpal Singh @ Bittu followed by another sickle blow under the left arm pit of the deceased. At this, Gurinderpal Singh @ Bittu, besmeared with blood, fell down on the ground. He was given two more sickle blows on his right foot by accused appellant Jaspal @ Tota besides receiving kick blows from both the assailants. Complainant eye-witness Swaran Singh PW7 and deceased Gurinderpal Singh @ Bittu raised alarm "mar ditta, mar ditta" which attracted Sarwan Ram (PW8). Deceased Gurinderpal Singh @ Bittu was got released from the clutches of assailants by Swaran Singh PW7 and Sarwan Ram s/o Girdhari Lal PW8. Thereafter the accused ran away from the spot alongwith their weapon. Deceased Gurinderpal Singh @ Bittu was taken to Government Hospital, Mehatpur by PWs Swaran Singh and Sarwan Ram s/o Girdhari Lal where he was declared brought dead. In this backdrop, police action was requested.