GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALKAR Singh son of Hari Singh accused-appellant was murdered on February 5, 1985. Deceased Saidara Singh was convicted by the Sessions Court for the murder of Balkar Singh and was undergoing life imprisonment for it. In appeal the High Court admitted Sardara Singh to bail. While living in house No. 1608, Simlapuri, Ludhiana, after his release on bail as ordered by this Court, security proceedings had been taken by the police against Sardara Singh as also the rival party of accused-appellants and both the parties had been down to keep the peace and be of good behaviour.

(2.) ON October 16, 1986 around 7.00 P.M. when Sardara Singh and his wife Kailash Kaur were returning to their Simlapuri residence from the house of Smt. Gurnam Kaur on Radhaswami Road at Ludhiana and had reached Gali No. 9 on Simlapuri Road, scooter driven by Hari Singh on the pillion seat of which his son Gurbachan Singh was seated, struck their moped from behind. Sardara Singh stopped his mooed and both the husband and wife got down therefrom. Hari Singh and his son Gurbachan Singh also alighted from their scooter after bringing it to a halt.

(3.) GURBACHAN Singh was armed with a Datar. Avtar Singh with a Pump handle and their father Hari Singh carried a kirpan. Mohan Singh the fourth accused who has been acquitted by the learned trial court was empty handed. Out of the four Mohan Singh is attributed a lalkara only. Fatal blow on the head with his pump handle is attributed to Avtar Singh. Datar blow on the face is attributed to Gurbachan Singh and another Kirpan blow on the face is attributed to Hari Singh. Wife of the deceased named Kailash Kaur and other two chance witnesses in Bakhtawar Singh and Piara Singh are alleged to have seen the occurrence. Sardara Singh is alleged to have breathed his last on the spot. On being charged with the commission of offences under sections 302. read with Section 34 of the Indian Penal Code, all the four accused pleaded not guilty and claimed to be tried. Vide its judgement, dated October 21, 1987, learned trial court acquitted Mohan Singh convicted the remaining three accused appellants of the commission of offences under section 302 read with section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs. 2000/- each. In default of payment of fine every one of the three accused appellants was individually ordered to undergo rigorous imprisonment for a further period of six months each. Feeling aggrieved therefrom the accused appellants have filed Criminal Appeal No. 562-DB of 1987 in this Court.