SUKHVIR SINGH @ MITHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Crl. Misc. application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant Sukhvir Singh @ Mithu during the pendency of the appeal. Sikander Singh, complainant has alleged that on 23.6.2008 he along with his brother Balwinder Singh (deceased in the case) and one Paramjit Singh were going on a Hero Honda motorcycle from Chhauni of Baba Budha Dal, Talwandi Sabo to their house from the side of the bazar (market). Balwinder Singh (deceased), brother of the complainant was driving the motorcycle. At about 1.30 p.m. when they had reached near the Mandir, Kuldip Singh alias Deepi (accused No.6), his brother Soni (accused No.1), Karamjit Singh alias Kalu (accused No.3), Sukhvir Singh alias Mithu (accused No.5) (applicant/appellant) and Harbans Singh (accused No.4) armed with 'kirpans', besides, Kala Singh (accused No.2) and Jabarjang Singh (accused No.7) armed with 'dangs' along with one unidentified person came from their front side. Jabarjang Singh (accused No.7) and Kala Singh (accused No.2) raised a 'lalkara' not to let Balwinder Singh etc. go alive and they be taught a lesson for helping Baba Balbir Singh. Balwinder Singh (deceased) stopped his motorcycle and the complainant side i.e. Sikander Singh, complainant, Balwinder Singh and Paramjit Singh got down from it. In the meanwhile, Kuldip Singh (accused No.6) gave a 'kirpan' blow on the person of Balwinder Singh which hit him on his right shoulder. Soni (accused No.1) gave a 'kirpan' blow which hit Balwinder Singh on his left shoulder. Sukhvir Singh alias Mithu (applicant/appellant) gave a 'kirpan' blow which hit Balwinder Singh on his right knee. Harbans Singh (accused No.4) gave a 'kirpan' blow which hit Balwinder Singh on his left elbow. Balwinder Singh fell down. Then Karamjit Singh alias Kalu (accused No.3) gave a 'kirpan' blow on the left wrist of Balwinder Singh. Thereafter all the accused inflicted injuries with their respective weapons on the person of Balwinder Singh while he lay on the ground. When Sikander Singh, complainant and Paramjit Singh raised an alarm of 'na maro na maro', the accused chased them away. They got scared and ran away from the place of occurrence. Balwinder Singh was shifted to Civil Hospital, Talwandi Sabo by one Inderjit Singh, where he succumbed to his injuries. The motive behind the occurrence, according to the complainant, was that they were the followers of Baba Balbir Singh, Chief of Budha Dal whereas accused were the followers of the opposite party of Baba Dayal Singh.

(3.) The accused had murdered Balwinder Singh only on account of the grudge that the complainant side were followers of Baba Balbir Singh.