SIS Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) FOR the murder of Bujha, aged 45 years, a resident of village Chak Phullu in Police Station Garhshankar, two persons, namely. Sis, aged 26 years, and Dara alias Didar Singh, aged 18 years, both residents of the same village, were jointly tried by Shri Surinder Singh, Sessions Judge, Hoshiarpur, the charge against Sis being one under section 302 of the Indian Penal Code and that against his co -accused being one under that section read with section 34 of the Code Didar Singh accused was given the benefit of doubt and acquitted of the charge while Sis accused was held guilty of the murder and sentenced to imprisonment for life.

(2.) THE prosecution case may be stated thus. Till the date of his death the deceased and his brother Kartar Singh (P. W. 2) had joint residence and cultivation. They had their para at a distance of about 3 Killas from the village abadi and adjoining that bara, they had their Residential house. The bara of the appellant lies opposite to that bara and the two of them are separated from each other by a 4 -Karam wide path. The residential house of the appellant adjoins his own bara.

(3.) WHEN examined in pursuance of the provisions of section 342 of the Code of Criminal Procedure, both the accused denied the allegations made against them by the prosecution and pleaded innocence, although the appellant admitted that his bara lay opposite to that of the deceased. They took the stand that Bujha had been killed by Bhajan Singh (P.W 3.) and the latter's brothers named Jit and Bikkar who had been arrested by Inspector Sohan Lal in connection with this case.