DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh accused- appellant (herein referred as, 'the accused') was charged for the offence under Section 302 IPC for committing murder of Prem Singh. Consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- vide judgment dated 16/20.7.2007 passed by the learned Sessions Judge, Rupnagar.

(2.) Darshan Singh and Prem Singh were neighbours. Darshan Singh had a dispute with his wife and children and he used to beat them.

(3.) Resultantly, about 5-6 years prior to the occurrence, his wife had left the house and thereafter his children also deserted him. Since Prem Singh had been intervening in the quarrel and used to settle disputes between them, therefore, he used to doubt that he was the root cause for disruption of their family affairs. On 5.3.2004, Karamjit Singh had gone to see his maternal uncle i.e. deceased. On the next day, as Prem Singh had gone on his electric motor for irrigating the field, Karamjit Singh along with his maternal aunt Surinder Kaur had gone to the field for serving tea to Prem Singh in the field. At about 7.30 a.m. When both of them were about 200 yards short of electric motor, they saw that the accused was inflicting kahi (spade) blows to Prem Singh on eastern side of the electric motor. Prem Singh was raising hue and cry 'mar ditta, mar ditta'. At this Karamjit Singh while exhorting ran towards the place of occurrence. In the meantime, Prem Singh fell down and the accused after giving several kahi blows to his maternal uncle Prem Singh and after leaving the kahi at the spot fled away. By the time Karamjit Singh and Surinder Kaur reached near Prem Singh, he had expired. After leaving Surinder Kaur at the spot, Karamjit Singh went to the police station and got recorded the formal FIR, as a result of which the law was set in motion. The Investigating Officer visited the spot, took into possession one underwear; one brick; one parna of blue colour; hair, soil and the spade, all stained with human blood, into possession and converted these articles into parcels. The inquest proceedings were initiated. The accused was also arrested on the same day and suffered a disclosure statement which led to the recovery of the T-shirt and trouser worn by him at the time of occurrence which were also taken into possession. The finger prints available on the spade were developed by the finger print expert and on receipt of the report of the chemical examiner and finger print expert, challan was presented against them.