NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON arrival back home in village Majowal from the fields of his employer Jagir Singh, Surat Singh (now deceased) saw his wife accused Hardev Kaur lying down with his nephew Nahar Singh co-accused in a compromising position around 1.00 A.M. on 29th June, 1987 and abused them both. As usual around 9.00 P. M. on 30th June, 1987 Surat Singh aforesaid went to the tubewell of his employer for sleeping thereat. On the following morning around 4.30 A.M. on 1st July, 1987 his son Raj Singh PW 2 who is also the author of the First Information Report was taking tea for his father to the tubewell of Jagir Singh. On the way he met Ajaib Singh P.W. 3; who was going to his neighbouring tube-well for starting the motor. When both of them were one killa behind the land of Jagir Singh they saw accused Hardev Kaur holding the arms of Surat Singh and her co-accused Nahar Singh giving 'sota' blows to Surat Singh on his head. Both of them raised an alarm whereupon the two accused ran away and the two witnesses on arrival at the place of occurrence found the victim Surat Singh lying dead.

(2.) ON being charged with the commission of the offence under Section 302 of Indian Penal Code accused Nahar Singh and for the charge under Section 302 read with section 34 of the Indian Penal Code co-accused Hardev Kaur both pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 16th December, 1987 learned trial court convicted accused Nahar Singh of the commission of the offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay Rs. 500/- as fine. In default of payment of fine accused Nahar Singh was ordered to undergo rigorous imprisonment for a further period of six months. Co-accused Hardev Kaur was convicted. of the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code and awarded life imprisonment for it. feeling aggrieved therefrom both the convicted accused have individually filed Criminal Appeal Nos. 90 DB of 1988 and 9I-DB of 1988 respectively in this Court. Since both the Criminal Appeals aforesaid are directed against the same impugned judgment dated 16th December, 1987 of the learned trial court, based on same evidence led against the two before it, both the appeals have been beard and are being disposed of together.

(3.) PW 2 Raj Singh, author of the First Information Report, who is also the son of deceased states :-