WAZIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellants-Wazir Singh, Chhinder Singh, Mangu Singh and Jit Singh against the judgment dated 11.8.2005 passed by the learned Additional Sessions Judge, Ferozepur whereby the appellants have been held guilty for the commission of offences punishable under Sections 364 and 302 of the Indian Penal Code (IPC' - for short). By a subsequent order dated 12.8.2005 they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 4,000/- each or in default of payment of fine to further undergo rigorous imprisonment for a period of three months each for the offence under Section 302 IPC; besides, to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each or in default of payment of fine to further undergo rigorous imprisonment for a period of two months each for the offence under Section 364 IPC. Both the sentences have been ordered to run concurrently.

(2.) The prosecution version in brief is that the FIR was registered on the statement of Jit Singh son of Sher Singh (Ex.PE) at about 8.30 a.m. on 21.6.2002. He stated before Jaswinder Singh, SI/SHO, Police Station Sadar, Fazilka that he is resident of Village Dona Nanka. They are three brothers and four sisters and living with their parents. On the night of 21.6.2002 at about 2.30/3.00 O'clock he and his younger brother Harjit Singh were going towards their house after irrigating the field with the help of motor/tube-well. When they were crossing in front of the house of Wazir Singh son of Milkha Singh, on the way, Wazir Singh, his son Chhinder Singh and his son-in-law Jit Singh son of Daulat Singh and Mangu Singh, residents of Dona Nanka raised Lalkara' in one voice that they should be taught a lesson as they always quarrel with them for transformer. All of them caught hold of the complainant and his brother. He got frightened and got released himself and succeeded to run away but his brother Harjit Singh, who was patient of Polio, failed to run. They lifted him and took him in their cattle house. Complainant Jit Singh further stated that he ran away while raising Raula'. When he along with his father Sher Singh and his brother-in-law Gulzar Singh came from the house and reached the cattle house constructed in the house of Wazir Singh, his brother Harjit Singh was lying there as dead. Leaving his father and his brother-in-law there, he was going to the Police Station to lodge report. The cause of the grudge was that their common transformer installed in their land was burnt and there was a dispute to pay of expenses. Because of that reason, aforesaid Wazir Singh, Chhinder Singh, Jit Singh and Mangu Singh had committed the murder of his brother Harjit Singh after hatching conspiracy.

(3.) On the basis of the above statement, Ruqa' was sent and FIR No.174 dated 21.6.2002 under Sections 302, 364 and 34 IPC was registered at Police Station Sadar Fazilka at 9.30 a.m. On the same day, Jit Singhcomplainant made a supplementary statement also stating that on that day in the morning he was going to Police Station for lodging a report about the murder of his brother Harjit Singh but he was not allowed to cross the bridge on Semnala' by army personnel. He proceeded after sun rise and then he met the Police party. The special report was received by Judicial Magistrate Ist Class at 4.30 p.m. on 21.6.2002. The Police party then went to the house of Wazir Singh. Complainant-Jit Singh accompanied them to that place. Dead body of Harjit Singh was lying at that place. The Investigating Officer prepared the inquest report (Ex.PF) in respect of dead body which was identified by Gulzar Singh and Gurdip Singh. He sent the dead body through Kashmir Singh, HC and Ashok Kumar, HC for postmortem examination to Civil Hospital, Fazilka. He inspected the spot and prepared rough site plan (Ex.PC). He recorded the statements of the witnesses.