BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT, Bhola Singh, has challenged the judgement of conviction and order of sentence dated 19.10.2001, passed by the Addl. Sessions Judge, Barnala, whereby the appellant has been convicted under Section 302 IPC and Section 25 and 27 of the Arms Act and has been sentenced to undergo as under: U/S 302 IPC -Imprisonment for life and fine of Rs.1000/-. In default of payment of fine, further R.I. for 1 month. U/S 25 of Arms Act -R.I. for 2 years and fine of Rs.500/-. In default of payment of fine, further R.I. for 1 month. U/S 27 of Arms Act -R.I. for 3 years and fine of Rs.500/-. In default of payment of fine, further R.I. for 1 month.

(2.) ALL the substantive sentences were ordered to run concurrently. The prosecution case is unfolded from the statement made by Major Singh (PW2) to the effect that his maternal grand-mother were having two daughters only, namely, Mohinder Kaur (his mother) and Ranjit Kaur (his mother's sister). and had no son. Mohinder Kaur was married to his father, Paramjit Singh, while Ranjit Kaur was married to the Bhola Singh (accused) who was his Uncle (real brother of the deceased). His maternal grand-father, during his life time, sold 11 killas of land and only 11 bighas of land in village Khiali remained in the joint names of his maternal grand-mother, his mother and his aunt Ranjit Kaur. After the death of his grand-mother, a dispute arose with regard to partition of the land between his father Paramjit Singh and the accused. In the year 1994, a written agreement was executed between Paramjit Singh (deceased) and the accused vide which it was agreed as the accused and his wife were serving his maternal grandparents, therefore, 2/3rd of the land in village Khiali would be cultivated by them and 1/3rd would be cultivated by his father. Thereafter, again a compromise was effected between them to the effect that the land falling in the share of his father Paramjit Singh (deceased) in village Khiali would be cultivated by the accused and the land of the accused to the extent of one killa situated at village Gumti would be cultivated by his father Paramjit Singh (deceased) in lieu of his share in the land situated at village Khiali. Even after effecting the compromise, the accused was raising dispute that he was the sole owner of the land situated in village Khiali, as he was serving his in-laws and as such he started demanding share in the land of village Gumti, which was being cultivated by Paramjit Singh (deceased).

(3.) THE spot was inspected by S.I. Nachhtar Singh. THE dead body of Paramjit Singh was sent for post-mortem. Blood stained earth and simple earth were lifted from the spot and were made into sealed parcels bearing impression 'NS'. A blood stained pair of shoes was also lifted from the spot and was also made into a sealed parcel. Further, one empty cartridge of .12 bore was lifted from the corner of the metaled passage of the village and was also made into a sealed parcel.