STATE OF PUNJAB Vs. KULJIT SINGH ALIAS BILLA

JUDGEMENT

(1.) KULJIT Singh alias Billa, Amarjit Singh, Inder Singh, all sons of Harpal Singh and Harpal Singh were committed to the Court of Sessions to stand trial under Sections 302/34 of Indian Penal Code, hereinafter referred to as the Code, vide order of the learned Magistrate dated 21.2.1991.

(2.) FIR No. 153 was registered on 28.11.1990 in furtherance to the statement of Suba Singh PW 5. It was recorded therein that Devinder Singh had executed an agreement to sell in respect of land in favour of Harpal Singh accused 3 to 4 months prior to the occurrence. Major part of the consideration had been paid while some of it still remained unpaid. Devinder Singh, thus, was claiming the said amount from Harpal Singh and there was dispute in that regard between the parties. On 28.11.1990 at about 10.00 A.M. Suba Singh along with Sarwan Singh was present in the fields. Sarwan Singh was ploughing the fields and Suba Singh was standing nearby. At about 12.00 noon time Kuljit Singh and Amarjit Singh accused armed with Kahis and Inderbir Singh alias Bittu and Harpal Singh empty handed were present at the drain. Devinder Singh came to the tubewell along the boundary of a sugarcane field. Harpal Singh gave a lalkara and immediately caught hold of Devinder Singh from his long hair and threw him on the ground whereas Inderbir Singh alias Bittu caught hold of Devinder Singh from his legs. On alarm being raised by Suba Singh and Sarwan Singh the accused ran away from the spot carrying with them their respective weapons. Devinder Singh died at the spot.

(3.) THE prosecution examined PW 1 to PW 8 in order to prove its case. Learned Public Prosecutor made a statement on 25.9.1991 where he stated: "I give up Sukhpal Singh and Balwinder Kaur PWs being unnecessary." He further made statement on 14.1.1992 wherein he closed the case of the prosecution.