PREM SINGH Vs. STATE

JUDGEMENT

(1.) PREM Singh (27) was convicted by the learned Sessions Judge. Hisar, under Section 302, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 1,000/- by order dated 3-3-1988. In default of payment of fine, he has further sentenced to rigorous imprisonment for three months. Through this appeal, the accused has challenged the conviction and the sentence.

(2.) THE appellant was a neighbour of the family of Jarnail Singh PW-1 at village Boda, Police Station Ratia, District Hisar. Jarnail Singh was posted as Sub-Inspector in the Police Department at Delhi. His wife Joginder Kaur PW-4 was living at village Boda with her two sons Baldev Singh deceased (25) and Harvinder Singh (22). The appellant was on visiting terms with the family of Jarnail Singh; His sister sometimes worked at their house and frequently visited them. In fact the appellant and his sister were treated like children by Joginder Kaur PW-4.

(3.) AT about 11 p.m. the appellant came and enquired from Joginder Kaur PW-4 as to whether Baldev Singh had returned to the house or not. Joginder Kaur replied in the negative, whereupon the appellant told heir that after the ornaments had been doubled. he had sent Baldev Singh to his house and assured Joginder Kaur that Baldev Singh would be coming shortly. Joginder Kaur kept waiting for Baldev Singh to return the whole night. The accused again came to her house in the morning to enquire about Baldev Singh and on being told that Baldev Singh had not turned up, he told Joginder Kaur that she would suffer the loss of a member of her family or some evil consequence will follow in case she published the fact that Baldev Singh had not come back home.