BHAJAN SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) DEFENDANTS-APPELLANTS have filed this appeal against the judgment and decree dated 6-9-1988 pissed by Addl. District Judge, Gurdaspur.

(2.) BRIEFLY stated, the facts of the case are that the plaintiff filed a suit for recovery of Rs. 50,000/- as compensation on account of death of Kanar Singh caused by the defendants appellants. Kartar Singh deceased was killed by the appellants on on 4-3-1989 at about 7 P. M. in the area of village Basant Kot, Tehsil Batala, on the basis of which F. I. R. was registered against the appellants. The apellants were prosecuted, tried and convicted under Section 302 read with Section 31, Indian Penal Code, and sentenced to imprisonment for life Their conviction was upheld by the High Court. It was alleged that on 3-4-1982 at about 7 p. m. , Harbans Singh along with his two sons Kartar Singh and Jagtar Singh was present in his house. Kartar Singh went out in the lane for urinating when Bhajan Singh appeared in the lane from the direction of Chufaar Singh's house raising shrieks which attracted Harbans. Singh and Jagtar Singh to the lane. Kartar Singh forbade Bhajan Singh from committing such rowdyism but the latter insisted on doing so Bbajan Singh went to his house, saying that he would teach him a lesson for insulting. Soon thereafter, both the appellants armed with swords came to the lane, when the deceased and the witnesses were still standing there. Smt. Tari, mother of the defendants -appellants', tried to dissuade them not to proceed further and resort to violence taut they started giving blows with their weapons to the deceased. Sulakhan Singh gave a blow with the sword, hitting the deceased on his neck, on receipt of which he fell down. Bhajan Singh than gave a blow with his sword on the head of the deceased. Harbans Singh and Jagtar Singh caused injuries to the appellants with their respective weapons in self defence. Kartar Singh was taken to Civil Hospital, Batala, bat he succumbed to his injuries on the way to the Hospital. Post-mortem examination was conducted. The case was investigated resulting in their conviction and sentence as indicated above.

(3.) THE deceased was a young lad of 22 years, employed in the Punjab State Electricity Board and getting Rs. 500/- per month as salary.