PARKASH SINGH ALIAS PASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARKASH Singh alias Pashu has been convicted by Additional Sessions Judge, Amritsar vide his judgment dated 15-1-1988 under section 302 of the Indian Penal Code for having caused death of Shamsher Singh on 1-7-1985 and has been sentenced to undergo rigorous imprisonment for life as well as to pay a fine Rs. 1000/- in default of payment of which fine he has been directed to suffer rigorous imprisonment for a further period of two months.

(2.) CASE of the prosecution briefly stated is that on 1-7-85 at about 9.30 P.M. Pargat Singh (PW3) was present in his house along with his brother Shamsher Singh deceased and cousin Niranjan Singh (PW4) in village Dhun. Parkash Singh alias Pashu gave a call to Shamsher Singh alias Shera at that, time from outside and asked him to come out. In response to his said call, Shamsher Singh went outside the house and he as well as Parkash Singh started moving away. Feeling suspicious, PWs Partap Singh and Niranjan Singh followed them. When they reached near periphery of the village, Mohan Singh son of Natha Singh resident of village Dhun was noticed standing there with a Dang in his hand. At the sight of Shamsher Singh, Mohan Singh exhorted Parkash Singh stating that Shamsher Singh be taught a lesson for not serving them liquor on credit basis whereupon Parkash Singh who was carrying a takwa in his hand gave a takwa blow to Shamsher Singh as a result of which he fell down. Aforesaid Mohan Singh also joined him in causing injuries to Shamsher Singh. PWs Pargat Singh and Niranjan Singh raised an alarm at which both the accused ran away along with their respective weapons. When the PWs went near Shamsher Singh, they found him dead. Pargat Singh and Niranjan Singh started crying and their cries attracted Sarbjit Singh and Bawa Singh to the spot. Leaving Sarbjit Singh and Bawa Singh near the dead body, Pargat Singh (PW3) left for police station, Harike to lodge the report.

(3.) ON trial, Parkash Singh alias Pashu was convicted and sentenced as detailed above. Feeling aggrieved by his conviction and sentence, he preferred present appeal Criminal Appeal No. 89-DB-1988.