NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nachhattar Singh (50) and his two sons Gurcharan Singh (24) and Sukhpal Singh (22) were tried under Section 302 read with section 34 of the Indian Penal code by the learned Additional Sessions Judge, Faridkot. By judgment and order dated August 8, 1990, Nachhattar Singh was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was further sentenced to rigorous imprisonment for three months. While Gurcharan Singh was acquitted, Sukhpal singh was convicted only under Section 323 of the Indian Penal Code and directed to be released on probation under Section 4 of the Probation of Offender Act. Aggrieved by his conviction and sentence, Nachhattar Singh has filed this appeal.

(2.) The following pedigree table will help in appreciating the facts of the case:' Bhajan Singh Gurbachan Singh Nachhattar Hamail =Malkiat Singh Singh (A-i) (deceased) Kaur Harpal Singh Sukhpal Gurcharan Singh (22) Singh (A-2) (Acquitted) Harnail Singh, deceased in this case, was serving as constable in the Police Department. He had come home on leave. On June 24, i989, he had gone to make a round of the cotton field. In the field is house of his father Bhajan Singh alias Gurbachan Singh and on the day of occurrence his father was ill. The version given by Malkiat Kaur widow of Harnail Singh deceased is as under:

(3.) Malkiat Kaur, first informant, along with her son Harpal Singh (i5/i6) and her sister-in-law Sujan Kaur had gone to their fields situated at a distance of 3/4 KM5 outside the village Abadi and they were sitting outside the house of Smt. Malkiat Kaur's father-in-law Bhajan Singh. The elder brother of her husband, namely, Nachhattar Singh, accused in this case, is also residing in the field adjoining the house of her father-in-law. At about 2/2.30 P.M. Harnail Singh came there after making a round of the cotton field belonging to her father-in-law. Nachhattar Singh accused asked him as to why he was roaming about there. Harnail Singh, told him that he had taken the hand on lease and that Nachhattar Singh had no right, to interfere. Harnail Singh, as already, stated, was serving in the Police, Department and was posted at Faridkot and had come to the village on leave. Nachhattar Singh accused told him that he was exerting influence of the police on them. Nachhattar Singh, who was removing cow-dungs at that time, came forward with a Phaura. His son Gurcharan Singh came forward with a Dang. At that time, Harnail Singh was standing in the Chari field. Gurcharan Singh gave a Dang blow on the head of her husband Harnail singh. This was followed by a blow with the Phaura on the head of Harnail Singh by Nachhattar Singh, which hit on the right side of the head, as a result of which he fell down on the ground. Thereafter Sukhpal Singh accused came there with a Sela and he gave a blow therewith hitting Harnail Singh on the left arm. Harpal Singh, Sujar Kaur and Malkiat Kaur raised alarm, whereupon the accused, after causing more injuries, went away with their weapons. Malkiat Kaur sent her son Harpal Singh to her parental house at Muktsar in order to inform them about the occurrence. She took her husband to Civil Hospital Muktsar after making arrangement for the conveyance. From there Harnail Singh injured was referred to the hospital at Faridkot. Malkiat Kaur's brother Harbans Singh took the injured to Faridkot. He died in Guru Gobind Singh Medical College, Faridkot, at 11.30 on P.M. the same day.