KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 12, 1987 of Mrs. Harmohinder Kaur Sandhu, Sessions Judge, Sangrur, convicting and sentencing the appellants under Section 304, Part II, read with Section 34 of the Indian Penal Code and sentencing them to rigorous imprisonment for seven years each and to pay a fine of Rs. 1000/ - each and in default of payment of fine directing them to further undergo rigorous imprisonment for six months. This judgment will also dispose of Criminal -Appeal No. 684 DBA of 1987 preferred by the State of Punjab against the said judgment assailing the acquittal of Karnail Singh and Ajmer Singh appellants and for convicting and sentencing them under Section 302 read with Section 34 of the Indian Penal Code.

(2.) THE prosecution case was set into motion on the basis of the first information report Ex. PE lodged with the police by Labh Singh on 14.8.2986 at 7.00 AM with regard to murder of Niranjan Singh who was stated to have been belabored by Karnail Singh and Ajmer Singh appellants' on 30.8.1986 at 10.00 P.M. in the fields of village Issapur Landa. The contents of the report lodged by said Labh Singh are that he has four brothers, viz., Niranjan Singh, Zora Singh, who reside with him while his brother Karnail Singh appellant and another brother Lal Singh reside together separately. They had effected partition of their land but the electric motors were held by them jointly. On the day of the occurrence, turn of water was of Niranjan Singh, who was to irrigate his land from electric motor. He had gone there to irrigate, his land. At about 10.00 P.M. complainant Labh Singh carried tea for the deceased. There was electric light on the tubewell. He saw Karnail Singh appellant armed with soti and his son Ajmer Singh appellant arm with Kahi inflicting injuries on the person of Niranjan Singh who was lying on the ground. Both the appellants dealt 4/5 blows each with their respective weapons on the person of Niranjan Singh deceased. The complainant raised alarm as a result of which his cousin, Sewa Singh, whose tubewell was situated nearby also came to the spot. Sewa Singh also raised alarm and thereafter the appellants fled away with their respective weapons. Niranjan Singh injured narrated the occurrence to Sewa Singh. Labh Singh and Sewa Singh put Niranjan Singh on a cot and took him to his house where he succumbed to his injuries. Leaving Sewa Singh to guard the deadbody, Labh Singh complainant left for Police station Sherpur in the company of chowkidar Deen Mohammad where he (Labh Singh) lodged report Ex. PE with police.

(3.) POLICE came to the spot where the deadbody of Niranjan Singh was lying and prepared inquest report Ex PC. The dead -body was thereafter despatched for post mortem examination. Blood stained earth was taken into possession from underneath the cot and was made into sealed parcel. Police also prepared rough site plan of the spot.