SUKHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by accused appellant Sukhpal Singh, against the judgement and order dated 15.6.1996 passed by the Sessions Judge, Gurdaspur convicting the accused appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and also to pay fine of Rs. 2000/ and in default of payment of fine to undergo further RI for two years.

(2.) AS per the prosecution allegations, Mohan Singh, PW made statement Ex. PD before Inspector Jarnail Singh on 16.6.1993 at 11.10 A.M. at the Canal Bridge, in the area of village Daulatpur. In the said statement, it was alleged by Mohan Singh, PW that he was a resident of village Daulatpur and was doing cultivation and he had kept his cattle at his tubewell and was residing in the village. It was alleged that his elder brother Darshan Singh, deceased, who was aged one, usually remained with the cattle at the tubewell. It was alleged that on the last night i.e. on the night of 15.6.1993, at about 8.45 p.m. He (Mohan Singh, PW) and his son Paramjit Singh were going to the tubewell with meals (for Darshan Singh, deceased) and when they were at a distance of 7 -8 karams from the tubewell, they saw in the electric light that accused Sukhpal Singh was calling bad names to his brother Darshan Singh, deceased and was saying as to why he was keeping relations with their enemy Sucha Singh, and within their sight accused Sukhpal Signh gave four datar blows to his brother which landed on his neck and front side of the forehead and right side of his head. It was alleged that as a result of those blows his brother fell down on the ground and when they stepped forward accused Sukhpal Singh fled away from the spot alongwith the datar. It was alleged that they saw that his brother had expired. It was alleged that his head was lying totally pressed due to the injuries. It was alleged that Sukhpal Singh, had murdered his brother Darshan Singh, due to the reason that the father of Sukhpal Singh, accused was murdered by Sucha Singh and his land was adjacent to their land and on this account Sukhpal Singh accused had killed his brother, Darshan Singh, as He was keeping grudge in his mind. It was alleged that he (Mohan Singh) and his son Paramjit Singh, PW had witnessed the entire occurrence. It was alleged that due to dark at night and out of fear they did not come to the Police Station for lodging the report. It was further alleged that after leaving his son Paramjit Singh, PW near the dead body, he was coming to the police station for lodging the report when the police met him on the way and recorded his statement.

(3.) AFTER recording the aforesaid statement Ex.P.D. Inspector Jarnail Singh, sent the same to the Police Station with his endorsement Ex.PD/1, on the basis of which formal FIR Ex.PD/2 under Section 302 IPC was recorded in PS Rangar Nangal on 16.6.1993 at 11.45 a.m./12.25 p.m. and the special report had reached the Judicial Magistrate at Batala at 6 p.m. at his residence. The case was investigated by the police, the accused was arrested in this case and after completion of the investigation, challan was submitted in the Court. After the framing of the charge, the prosecution had led its evidence. Thereafter, the statement of the accused under Section 313 Criminal Procedure Code was recorded in which he denied the prosecution allegation against him and stated that he was innocent and had been falsely implicated in this case. He stated that in fact, his brother and father had been killed by Sucha Singh. He further stated that in those days the terrorism was at its peak and the terrorists had murdered Darshan Singh, but since Sucha Singh was inimical towards him, Mohan Singh, complainant at his instance had falsely implicated him in this case. The accused, however, did not produce evidence in his defence.