JORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Zora Singh, 50/55 years has been convicted under Section 302 of the Indian Penal Code, 1860, by the learned Sessions Judge, Ferozepur, by order dated 11th August, 1988 and sentenced to life imprisonment and a fine of Rs. 1000/-. In default of payment of fine, he has been further sentenced to rigorous imprisonment for one year.

(2.) Surain Singh, aged about 70 years, deceased in this case, had two sons-Zora Singh, appellant & Gurdev Singh. He had about 15 Killas of land. He gave 5 killas of land to Zora Singh and equal land to the other son. His own share was given by him to the other son Gurdev Singh for cultivation. According to the prosecution, Gurdev Singh was working as Gram Sevak in Ganganagar and in his absence the land was being cultivated by his son Kuldeep Singh, PW 2 and a Seeri Lachhman Singh Mazahabi. Further case of the prosecution is that Surain Singh and his two sons had a common tubewell on which turn of water had been fixed by mutual agreement; two turns going to Surain Singh and Gurdev Singh and one turn to Zora Singh. Five-six days prior to the occurrence, the turn of Zora Singh fell at night time. This was followed by the turn of Surain Singh and Gurdev Singh on the following morning. When the latter started the tubewell motor, Zora Singh told them that there was no power during the time of his turn at night and he will not, therefore, allow them to start the motor. Surain Singh replied that Zora Singh's turn was already over and they would start the motor. Surain Singh then asked Lachhman Singh to start the motor. Zora Singh called Lachhman Singh names and gave him a push. Thereupon Lachhman Singh gave a blow with his Soti on the head of Zora Singh. Zora Singh, went away saying that he would avenge his insult.

(3.) On 15.7.1987, at about 4.00 P.M., Lachhman Singh and Kuldeep Singh PW 2 were removing weeds from their paddy crop. Zora Singh armed with a Gandasa came from the side of the village and shouted at his father Surain Singh who was lying on a cot under the shade of a mulberry tree, that he had got him insulted at the hands of Lachhman Singh and that he will teach him a lesson just then. Saying so, he gave 3/4 blows with his Gandasa on the neck and face of Surain Singh. Lachhman Singh and Kuldeep Singh went on raising alarm 'don't kill, don't kill, but Zora Singh satisfied himself that Surain Singh died there and then. Therefore, he ran away with his Gandasa towards village Janera.