SHAMSHER SINGH @ SHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment dated 02.06.2005 passed by learned Sessions Judge, Gurdaspur, whereby it convicted the Appellant for an offence punishable under Section 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5,000/-. In default of payment of fine, the Appellant was directed to further undergo rigorous imprisonment for a period of six months.

(2.) The prosecution case was set up in motion on the basis of statement of Krishna Devi wife of Tarsem Lal made to SI, Dev Dutt (PW-9) when he was present near Malakpur Chowk, Sujanpur. The statement (Ex.PA) was recorded by SI Dev Dutt at about 11.30 AM. On the basis of the said statement, FIR (Ex. PA/2) was recorded at 11.50 AM.

(3.) As per the statement of Smt. Krishna Devi, her husband Tarsem Lal is the eldest son of Thuru Ram. Subhash Chander is his younger brother and the next is Shamsher Singh @ Shera. She states that her father-in-law has given 4 kanals of land to her husband Tarsem Lal out of his ownership. On 26.10.2002, at about 7.30 P.M., she and her husband were in their land and saw her dewar, the younger brother of her husband, Shamsher Singh @ Shera armed with dattar;Subhash Chander; her mother-in-law-Sarno Devi and her dewrani-Kiran Bala ploughing the land of Tarsem Lal measuring 4 kanals after hiring the tractor from Jaswant Singh son of Om Parkash of village Malakpur. Her husband asked the tractor driver to stop the tractor. The driver stopped his tractor. In the meantime, Sarno Devi and Kiran Bala raised lalkarato teach lesson to her husband-Tarsem Lal for stopping the tractor. Subash Chander got caught hold of her husband from his arms and Shamsher Singh @ Shera gave 4-5 dattarblows to Tarsem Lal hitting on the head and his face. One blow was given on his left leg which hit above the knee. Tarsem Lal fell on the ground. After causing the injuries, the assailants ran away from the spot. Tarsem Lal died on the spot. She and Jaswant Singh have witnessed the entire occurrence. The motive of the murder of Tarsem Lal was stated to be that her father-in-law had given 4 kanals of land to her husband-Tarsem Lal whereas the younger brothers of Tarsem Lal and her mother-in-law intended to forcibly occupy and cultivate that land and her husband was restraining them from doing so.