HEM RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The appellants were convicted and sentenced under sections 147 and 364 read with section 149 of the Indian Penal Code by the trial Judge. They have challenged their, conviction and sentence in this appeal. Briefly put, the facts are as under:

(2.) On July 19, 1985. Mohinder Kaur accompanied by her husband Tejinder pal Singh, proceeded to their fields situated on the road leading to village Dudhar from village Butler Ranjit Singh PW joined them on the way. In the meantime, a Jeep bearing No. PNP. 5678 came there from the side of village Butter. It was being driven by Hem Raj accused and the other accused were sitting in the same. The Jeep stopped near the PW5. Tejinder Pal Singh, husband of Mohinder Kaur, was forcibly put in the Jeep and was taken towards village Daudhar. Hem Raj is a resident of village Butler and the other accused have been coming to him. They all did so with the object to commit the murder of Tejinderpal Singh, Mohinder Kaur returned to village Butter and at the Bus stand of that village, Sadhu Ram Sub Inspector! Station House Officer of Police Station Badhni kanal met her in the company of other police officials. She made her statement. Her statement Ex. P.B. was recorded by the Sub Inspector. It was sent to Police Station Badhni Kalan, where First Information Report Ex. P.B./2, was recorded. The motive of the occurrence as given in the First Information Report is that in 1979, Hem Raj had given a knife blow on the person of Tejinder Pal Singh PW. A case was registered against him under section 307 of the Indian Penal Code. Hem Raj was convicted and sentenced in that case. Feeling aggrieved over it, the offence is alleged to have been committed by the accused. Sadhu Ram, Inspector along with other police officials after sending rukka to the Police Station went after the accused. Jarnail Singh PW met them on the way. The police party proceeded towards the canal bridge Rasulpur, situated in the area of village Daudhar. Tejinder Pal Singh was found lying on the ground. He had been tied down. The accused was found present there. The jeep was also parked there. Tejinderpal Singh was got released by the police. The jeep was taken into possession vide memo. Ex. P.E. Rough site plan Ex. P.F. was drawn. The accused-appellant was arrested. Sadhu Ram Station House Officer took Tejinderpal Singh PW to Rural dispensary. Badhni kalan and got him medically examined. Dr. M.P. Sharma (PW-5) found the following injuries on his person:

(3.) To prove the charge, the prosecution examined PW-l Bhajan Singh, patwari, PW-2 MohinderKaur, PW-3 Tajinderpal Singh, PW-4 Ranjit Singh, PW-5 Dr. M.P. Sharma and PW-6 Sub InspectorSadhu Ram. Harbans Singh, Assistant Sub Inspector, Head Constable Bikkar Singh were Tgiven up as unnecessary and PW Jarnail Singh was given up as having been won over by the accused.