GURMAIL SINGH @ MELA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The case of the prosecution is that Gurmail Singh @ Mela (appellant) is the brother of Satnam Singh (complainant). Gurmail Singh @ Mela (appellant) is married and remains idle and is also addicted to intoxicants. Maghar Singh (deceased) son of Hazura Singh of village Ahmedpur is grand uncle of the complainant (Satnam Singh) from brotherhood. Maghar Singh (deceased) was unmarried and used to live in the house of complainant (Satnam Singh). Maghar Singh and father of the complainant (Satnam Singh) used to remain angry with the appellant, as he was not doing any work. Due to this reason, the appellant was annoyed with them.

(2.) On 31.12.2005, around 10.00/11.00 AM, father of the complainant (Satnam Singh) went to Budhlada to fetch bag of oil cakes.

(3.) When he did not return till evening, then the complainant (Satnam Singh) alongwith one Jagga Singh son of Nahar Singh went in his search towards road through the fields. Complainant (Satnam Singh) was having a torch with him. When at about 6.30 PM, father of the complainant (Satnam Singh) namely Harnek Singh reached near the house of Hakam Singh Bhathal while carrying a bag of oil cakes on his bicycle, Gurmail Singh @ Mela (appellant) immediately came out of the house of said Hakam Singh and raised lalkara. Appellant, simultaneously, started giving spade blows on Harnek Singh, father of the complainant (Satnam Singh). As a result, turban of Harnek Singh, father of the complainant (Satnam Singh) fell down on the ground and he himself also fell down from the bicycle.