BALJIT SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No. 672 -DB of 2002 preferred by Baljeet Singh s/o Fateh Singh and Sukhwinder Kaur w/o Late Avtar Singh and Criminal Revision No. 2324 of 2002 preferred by Sat Pal Singh s/o Harbhajan Singh arising out a common judgment dated 29.8.2002 convicting Baljit Singh for the offence under Sections 302, 148 of the Indian Penal Code (for short the 'Code') and Section 27 of the Arms Act and convicting Sukhwinder Kaur for the offence under Section 302 read with Section 149; Under Section 148 of the Code and sentencing both of them to undergo life imprisonment and to pay a fine of Rs. 2,000/ - for the offences under Section 302 and for RI for one year for an offence under Section 148 of the Code.

(2.) THE relationship between the parties, as on record would be necessary for appreciation of the facts in the present appeal. Pal Singh son of Harbhajan Singh is the deceased who lost his life by fire arm injury on 19.5.1999. Harbans Kaur is the real sister of Harbhajan Singh, father of the deceased and Gurnam Singh. Harbans Kaur was married to Dial Singh who died in the year 1974. Harbhajan Singh had four sons namely Avtar Singh, Pal Singh, Satpal Singh and Mukhtiar Singh. His sister Harbans Kaur had no child. She adopted Avtar Singh husband of Sukhwinder Kaur -Appellant No. 2 as her son. Avtar Singh died in an incident which took place in the year 1998. After the death of Avtar Singh, Sukhvinder Kaur claims to be in possession of land owned by Harbans Kaur in village Kolowaal. She had filed a suit for permanent injunction against Harbans Kaur and Pal Singh. On 19.5.1999, the said civil suit was fixed for hearing before the civil Court at Ajnala.

(3.) AFTER the lodging of the FIR, post mortem was conducted on 20.5.1999 by Dr. Ashok Chanan (PW -2). PW -1 Dr. Piarelal of Civil Hospital Ajnala has examined the injured Pal Singh in the first instance and referred him for the treatment to Amritsar. Apart from the evidence, to complete the chain of circumstances, prosecution examined PW -9 -Satpal Singh, PW -11 -Gurnam Singh as the eye witnesses of the occurrence. Apart from other formal witnesses, the Investigating Officer, Balbir Singh was also examined