KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kulwinder Singh appellant has preferred this appeal against the order of the learned Additional Sessions Judge, Ludhiana dated 8th February, 1990 vide which he was found guilty on the charge under section 460, I.P.C. on two counts for committing lurking house trespass by night and voluntarily causing the death of Joginder Singh and Mst Laj Kaur. He was awarded sentence of imprisonment for life and fine of Rs. 500.00 or in default of payment thereof, to further suffer two months RI on each of these counts. The substantive sentences were, however, ordered to run concurrently. Jagtar Singh co-accused of the appellant was, however acquitted by the said Court by disbelieving the ,recovery of golden ear ring of Mst. Laj Kaur from his possession. Sikandar Singh another co-accused of the appellant was, however, declared a proclaimed offender.

(2.) In brief the facts of the prosecution case are that Balbir Singh P.W. 6 alongwith his grand parents Joginder Singh and Mst. Laj Kaur deceased used to reside jointly in their house in village Landhran. On the morning of 15th March, 1989, Kulwinder Singh appellant who runs a scooter repairer shop near the house of the deceased at Bus Stand, Landhran alongwith Sikander Singh approached Joginder Singh for procuring a loan of Rs. 5,000.00. Joginder Singh, however, refused to advance loan upon which both these accused went away grumbling. Balbir Singh P.W. came to Samrala at about 5/6 p.m. on that day where his cousin brother Baljit Singh P.W. 7 met him. Both, of them returned to the house of the deceased at Landhran at about 9/10 P.M. and saw their grandfather Joginder Singh lying fallen from the cot. They also saw Kulwinder Singh and Sikandar Singh absconder scaling over the boundary wall of their house and making good their escape. On entering the room, Joginder Singh was found dead. They then searched for their grandmother Mst. Laj Kaur and located her dead body on the back side of their house. Both these witnesses then approached their uncle Nirmal Singh at Doraha and apprised him of this occurrence. Thereafter, Balbir Singh P.W. alongwith uncle Nirmal Singh rushed to Police Station, Samral after leaving Baljit Singh near the dead-bodies and lodged report Ex. P.M. at 8.05 A.M. with 5.1. Hajinder Pal Singh P.W. 8. A case under section 460 I.P.C. was registered against both these accused and its special report was conveyed to the Illaqa Magistrate at Samrala at 9/10 A.M.

(3.) S.I. Harjinder Pal Singh alongwith Balbir Singh P.W. and Nirmal Singh then arrived at the spot. He drafted inquest report Ex. P.C. of the dead body of Joginder Singh and Ex. P.F. of Mst. Laj Kaur. He also recorded the statements of the witnesses. The dead bodies were sent for autopsy. He also prepared visual site plan Ex. PN of the spot