BALWINDER SINGH ALIAS GUDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is quite common and now almost a recognised tendency amongst the people that many a time they involve persons other than the actual offenders. Therefore, it is difficult task for the Courts to distinguish between the two types of offenders facing the trial. Amongst array of accused persons may be that they are innocent but if the evidence reflects that the few left one are really involved in the crime, they cannot escape the responsibility. The Courts have to separate the grain from the chaff so that the justice is done and may be that all the persons arrayed may not be exonerated if the evidence exists against a few.

(2.) JIT Singh a land owner and agriculturist belonging to village Bareta, within the area of Police Station, Bareta, District Mansa had earlier married with Jaswant Kaur, the appellant and then Narinder Kaur, the deceased. From the first wife Jaswant Kaur i.e. one of the appellants, he got two sons namely Balwinder Singh Bhagta Singh and three daughters. From the second wife he had a son namely, Kulwant Singh P.W. 2. Kulwant Singh and Narinder Kaur lived in village Maur Kalan. They had shifted the present village i.e. Bareta a year or so before the occurrence. There was a land dispute regarding the property of Jit Singh between the two ladies and by way of a civil suit a decree Ex.PT was obtained by Kulwant Singh P.W.2. This led to a bad blood between the two widows and their respective sons and the daughters supported the claim of their own mother. On 20.4.1995, at about 2.00 or 2.30 p.m. a conspiracy was alleged to have been hatched amongst the five appellants i.e. the two sons and two daughters and the widow of Jit Singh the Narinder Kaur, the second wife, who was trying to be a source of trouble and was putting the appellants in unnecessary litigation and was trying to usurp their land be eliminated. This conversation was heard by Gajjan Singh P.W. 4 and Karam Singh P.W. 7. In pursuance of the said conspiracy Balwinder Singh armed with a 12 bore gun, Bhagta Singh armed with a dang and Jaswant Kaur, Harinder Kaur and Balbir Kaur unarmed lifted Narinder Kaur from near the shop of one Mohinder Singh Lalari and took her towards the canal bank. Kulwant Singh P.W. 2 tried to rescue his mother. Balwinder Singh aimed his gun towards him and told that his mother was going to be taught a lesson and that he too would also not be spared. He out of fear went towards village Maur Kalan. Jaswant Kaur caught hold of Narinder Kaur from her arm while Harinder Kaur caught her from other arm and Balbir Kaur caught hold of legs of Narinder Kaur and threw her in the canal in the presence of Billu Singh P.W. 3 and Gajjan Singh P.W. 4.

(3.) DR . Kuldeep Raj, PW.1 conducted postmortem on the dead body of Narinder Kaur on 21.4.1995 at 3.45 p.m. and found the following injuries :-