AMARJIT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) FOR the murder of Tilak Raj, aged 35 years, a resident of Mahan Singh Road, Amritsar, four persons, namely, Romesh Kumar alias Billa, a shop -keeper, aged 18 or 19 years, Ashok Kumar alias Ashoki, a labourer, aged 17 years, Amarjit Singh, a contractor, aged 23 years, and Paramjit Singh, an embroiderer, aged 18 years, all residents of different parts of the same town, were jointly tried by Shri Pritam Singh Pattar. Sessions Judge, Amritsar, Romesh Kumar accused was charged with an offence under Section 302 of the Indian Penal Code, was found guilty thereof and was sentenced to imprisonment for life. Out of the other three accused who were charged with an offence under Section 302 read with Section 34 of the Code, Paramjit Singh to whom only a lalkara was attributed, was acquitted, while the other two were convicted of an offence under Section 326 read with Section 34 ibid and each one of them was sentenced to rigorous imprisonment for seven years and a fine of Rs. 500/ -. the sentence is default of payment of fine being rigorous imprisonment for three months.

(2.) THE prosecution case may be stated thus. At 9 or 10 P.M. on the 12th of October, 1968, Sulakhan Singh (P.W. 2) was present in Chowk Chhati Knui of Amritsar town when he met Tilak Raj deceased who, like himself, was a pick -pocket and was coming in the company of Nirmal Singh (P.W. 3) All these three persons then started walking together and reached that part of the Nimak Mandi Road where Gali Teliwanwali branches off it. All the four accused who were all pick -pockets and were known to them, met them there and were asked by Tilak Raj to stand him a feast on the plea that luck had favoured them in the matter of their profession. The response, however, was not a pleasant one in as much as Romesh Kumar and Paramjit Singh accused told their two co -accused that Tilak Raj should have a feast there and then. All the four accused then whipped out knives from their respective packets and the deceased was given three knife blows, one by Romesh Kumar in the left side of the chest, another by Ashok Kumar in the back and the third by Amarjit Singh, also in the back. During the course of this assault paramjit Singh accused was shouting that anybody who intervened would be killed. Tilak Raj had fallen on the ground as a result of the injuries received by him and thereafter all the four accused made good their escape. In addition to Sulakhan Singh (P.W. 2) and Nirmal Singh (P.W. 3), the occurrence was witnessed by Rajinder Parshad, a factory -worker (P.W. 10) and Piara Singh, a rickshaw -puller who was given up at the trial for the reason that he was not traceable.

(3.) WHEN examined in pursuance of the provisions of Section 342 of the Code of Criminal Procedure, the accused denied the allegations made against them by the prosecution and stated that they had been arrested from their respective houses. According to them, the prosecution witnesses had made false depositions under police pressure. They pleaded innocence but none of them produced any evidence in defence.