BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Barnala, dated 15th October, 1990, whereby appellant Bhola Singh was convicted under Sections 302 and 460 of the Indian Penal Code (hereinafter referred to as 'the Code'). Under Section 302 of the Code he was sentenced to undergo imprisonment for life and to pay a fins of Rs. 5,000/- in default whereof to undergo further rigorous imprisonment for two years. Under Section 460 of the Code Bhola Singh was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/- in default whereof to undergo further rigorous imprisonment for one year. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) Facts of the prosecution case, in brief, are that on the night intervening November 22/23, 1989, Ram Gopal (deceased), Parkash Wanti (P.W. 2) and Kiran Rani (P.W. 3) were asleep on their respective cots in the courtyard of the house. On account of the reconstruction work in progress, their household articles were kept in the courtyard. The courtyard was an open space and was accessible to all and sundry. At a distance of about 15 feet from the courtyard, there was a thoroughfare, i.e. street.

(3.) At about 2/3 a.m. Parkash Wanti (PW. 2) and Kiran Rani (P.W.3) woke up on hearing sound of foot-falls in their kachcha courtyard. Both of them saw Bhola Singh, appellant, armed with a Kasia approaching towards the cot of Ram Gopal. He gave repeated Kasia blows on the neck/face of Ram Gopal Both Parkash Wanti and Kiran Rani raised raula Na Maar, Na Maar (don't kill, don't kill). Thereupon Bhola Singh appellant ran away from the spot taking his Kasia with him.