GURCHARAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine shall dispose of Crl. Appeal No. 1-SB- 89 Gurcharan Singh v. The State of Punjab and Crl. Appeal No. 2-SB-89 Sukhwant Singh and another v. The State of Punjab, as both these appeals have arisen from a common judgment and order dated 15.12.1988 passed by the Court of Additional Sessions Judge, Ferozepur who convicted the appellants Gurcharan Singh, Sukhwant Singh and Mohinder Singh, under Section 306 IPC and sentenced them to undergo R.I. for three years and to pay a fine of Rs. 300/- each. In default of payment of fine, they were ordered to undergo further R.I. for six months each. The learned trial Court also convicted Mohinder Singh and Sukkhwant Singh appellants under Section 498-A IPC and sentenced them to undergo R.I. for a period of one year and to pay a fine of Rs. 100/- each. In default of payment of fine, they were ordered to undergo further R.I. for one month each. Appellant Gurcharan Singh was however acquitted under Section 498-A of the Indian Penal Code by the trial Court.

(2.) THE facts of the case have been recorded by the learned trial Court in para No. 2 of its judgment and I need not to reproduce this para as two points have arisen for determination before me in this case; firstly, whether the offence under Section 306 Indian Penal Code has been made out or not. There is no direct or implied abetment on the part of all the three appellants which led to the death of Tara Singh who allegedly jumped before the running engine. Tara Singh might be unhappy with the ill-treatment given to his daughter Smt. Surjit Kaur but that evidence was not enough to hold that the appellants were responsible for the offence under Section 306 Indian Penal Code. Therefore, all the three appellants are hereby acquitted of this charge.

(3.) IT may be mentioned here that appellant Gurcharan Singh has already been acquitted by the trial Court under Section 498-A of the Indian Penal Code.