GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurmail Singh appellant has filed the present appeal against the order dated 06.09.2007, passed by the Sessions Judge, Bathinda, convicting him for the offence under Section 302 and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Prosecution story in brief is that Gurnaib Singh got recorded his statement to Sub Inspector Ranbir Singh, SHO, Police Station Kotfatta on 31.07.2006 at about 6:15 p.m. He stated that he is resident of village Dhan Singh Khana and is doing the work of agriculture. They are two brothers. Ajaib Singh, aged about 36 years, is younger to him. They are residing at one place by constructing their separate house. On that day in the morning, he and his brother Ajaib Singh alongwith his elder brother's son Jagsir Singh went to his field, which he had taken on lease for one year from Gulzar Singh, as due to rain their neighbours divert the water ahead of each other as a result of which the crop was destroyed. At about 2:30 p.m., his brother Ajaib Singh had gone to his field which he had taken on lease for logging ridges. Complainant and Jagsir Singh were preparing ridges about one acre behind in their field. In the meantime, Gurmail Singh @ Gela son of Atma Singh armed with spade came nearby his brother and loudly started saying to his brother that why he was opening the water towards his field and gave a blow of spade on the head of his brother Ajaib Singh from its sharp edged side. Due to this his brother fell down. The complainant party made a noise that 'don't kill-don't kill' and in spite of raising alarm, accused inflicted two-three more spade blows on the head of his brother and ran away from the spot alongwith spade.

(3.) The complainant party tried to look after his brother but he succumbed to his injuries. The motive behind the revenge is that the brother of the complainant was diverting the water for which Gurmail Singh had restrained and due to this he murdered his brother. After leaving Jagsir Singh nearby the dead body of Ajaib Singh, the complainant came to his house to inform his other relatives about the occurrence. After coming to his house he became perplexed. Then after taking Des Raj with him, he came to police Station to report the matter. Sub Inspector Ranbir Singh, SHO, Police Station Kotfatta, who was present near Government Secondary School, Kotfatta in connection with holding Naka, after recording the statement of complainant Gurnaib Singh sent the same to Police Station for registration of the case. Thereafter, Sub Inspector Ranbir Singh alongwith other police official including Gurnaib Singh and Des Raj reached the spot. Photographer Amarjit Singh was also called there.