NAHAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated May 28, 1989, of the learned Additional Sessions Judge, Patiala, convicting the appellants and awarding various sentences to them. Nahar Singh appellant (46) was convicted under Sec. 302 Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 2,000.00. In default of payment of fine, he has been further sentenced to RI for four months. He has also been convicted under Sec. 27 of the Arms Act and sentenced to one year's RI and a fine of Rs. 500 in default of payment of which, he has been further sentenced to RI for one month. The remaining appellants i.e. Surjit Singh (52) Mit Singh (75) and Jaspal Singh (22) along with the principal accused Nahar Singh have been further convicted under Sec. 201 Indian Penal Code and sentenced to RI for two years and a fine of Rs. 1,000.00 each, in default of payment of which they have been further sentenced to RI for two months. In the case of Nahar Singh, the sentences have been made to run concurrently. The fifth accused, Tej Kaur, wife of Surjit Singh appellant, has been acquitted.

(2.) The prosecution case is that Amarjit Kaur deceased was married to Nahar Singh about 14 years back. The couple had three daughters and two sons. On Jan. 13, 1988, in accordance with custom, the first Lohri of the youngest child i.e. son of Nahar Singh appellant, was celebrated and besides Mit Singh father, Surjit Singh brother, Tej Kaur wife of Surjit Singh and Jaspal Singh accused son of Surjit Singh, the deceased's father's sister (Bhua) Bachan Kaur PW-2, who is a resident of a nearby village Hiana Khurd, was also present. At about 8/9 p.m. Nahar Singh wanted to pick up his licensed double barrel gun of 12 bore. Amarjit Kaur asked him not to carry the gun. Nahar Singh left the gun where it was. His brother Surjit Singh remarked that he had left the gun out of fear for his wife. Jaspal Singh alias Pala son of Surjit Singh then exhorted Nahar Singh as to what he was waiting for and that he should fire. Thereupon Nahar Singh accused shot one fire from the gun hitting his wife Amarjit Kaur in the abdomen. Bachan Kaur raised hue and cry. Some people collected there. Amarjit Kaur injured was removed by a tractor-trolley by the aforesaid members of the family and Bachan Kaur. The trolley proceeded towards Nabha. When they reached near Rohti bridge, Amarjit Kaur became unconscious and she was brought back to the village. The village Hiana Khurd falls on the way from Rohti bridge to village Samla. Bachan Kaur raised hue and cry there which attracted her husband Bhagwan Singh. While Bachan Kaur continued the return journey by the same trolley in which the injured had been laid, her husband collected Mohinder Singh Sarpanch, Joginder Singh Lambardar and Chand Singh Lambardar of village Hiana Khurd and proceeded to village Samla, the village of the appellants, by a separate tractor trolley. On reaching the phirni of village Samla, the accused started preparations for cremation. Bachan Kaur PW-2 raised a raula that Amarjit Kaur was still breathing and she may not be cremated. Tej Kaur, wife of Surjit Singh then gave a few first blows to Bachan Kaur and also shut her mouth. Even though Bhagwan Singh and other persons of village Hiana Khurd who had reached with him, prevented the appellants from cremating Amarjit Kaur, she was forcibly taken away & with the help of kerosene oil brought by Tej Kaur from the village she was cremated in the cremation ground of the village. Bachan Kaur along with her husband and others persons of village Hiana Khurd returned to their village. They did not stir out of the house during the night. On the following morning, they started for Police Station Nabha. Police party headed by ASI Rame Shah PW 6 met them at Rohti bridge. Bachan Kaur made statement Exhibit PA at 9 a.m. On the basis of the same formal First Information Report Exh. PA/1 was recorded at Police Station Sadar, Nabha, at 10.30 a.m. The special report was received by the Judicial Magistrate the same day at 10.50 a.m.

(3.) At the trial, the prosecution examined Bachan Kaur PW-2, her husband Bhagwan Singh PW-3, Mohinder Singh Sarpanch PW-5 and the Investigating Officer PW-6, besides affidavits of formal witnesses and reports of Forensic Science Laboratory.