SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BECAUSE of divergent opinion expressed by Hon'ble Judges constituting the Bench hearing the appeal, this appeal has now come up before me.

(2.) SESSIONS Judge, Sirsa, on February 6, 1989, convicted Swaran Singh appellant under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life and to pay a fine of Rs. 500/- or in default of payment of fine to further undergo rigorous imprisonment for one year. Swaran Singh and Mewa Singh, appellants, were further convicted under Section 32ft read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years each and to pay a fine of Rs. 500/- each or in default or" fine to further undergo rigorous imprisonment for one year. Mewa Singh accused was acquitted of the charge framed under Section 302 read with Section 34 of the Indian Penal Code.

(3.) AS per prosecution case on October 21, 1987, at about 9. 00 p. m. Bikkar Singh was coming to his house when Swaran Singh accused met him near the water tap in village Kumbthala. Swaran Singh accused raised a lalkara to teach him a leason for objecting to his visits to Nibal Singh's house and inflicted a gandasi blow hitting Bikkar Singh on his head who fell down. Nachhattar Singh PW came forward. He also received gandasi blow from Swaran Singh on his head. Mewa Singh accused came from his house, situated nearby, and inflicted injuries on the person f Nachhattar Singh. In the meantime Harjodh. Singh brother of Nachhattar Singh was attracted to the spot and in order to save Nachhattar Singh and Bikkar Singh, he caused some injuries to the two accused-Swaran Singh and Mewa Singh. The accused managed to run away from the spot. The two injured Bikkar Singh and Nachhattar Singh were taken to hospital at Sirsa, from where Bikkar Singh was referred to Medical College Hospital, Rohtak, where he succumbed to his injuries. On the statement of Nachhattar Singh recorded by the police in Civil Hospital, Sirsa, case was registered.