NIRBHAI SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Nirbhai Singh and Gurdeep Singh have directed this appeal against the judgment and order dated 21.8.2003 passed by Sh. B.S. Sandhu, Additional Sessions Judge, Fast Track Court, Ferozepur, vide which accused Gurdeep Singh has been convicted under section 307 IPC and has been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for 6 months, whereas appellant Nirbhai Singh has been convicted under Section 307/34 IPC and has been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for 3 months.

(2.) The brief resume of the case of the prosecution is that Mithu Singh (since deceased) and Wazir Singh sons of Jit Singh were real brothers. Mangal Singh was elder paternal uncle of Mithu Singh. Accused Gurdeep Singh and Nirbhai Singh were real brothers. They are also sons of another paternal uncle of Mithu Singh. Mangal Singh transferred 2 acres of land in the name of Mithu Singh and Wazir Singh. The said transfer was challenged by accused Gurdeep Singh. Both accused Gurdeep Singh and Nirbhai Singh were nursing a grudge against Mithu Singh and Wazir Singh on account of transfer of land in their name by their paternal uncle Mangal Singh. On 17.8.2001 at about 7.30 a.m. Mithu Singh alongwith his brother Wazir Singh went to their fields to cut fodder for animal. Both accused Gurdeep Singh and Nirbhai Singh came there. Nirbhai Singh raised a lalkara that Mithu Singh be taught a lesson for getting the land of Mangal Singh transferred in his name. Nirbhai Singh caught Mithu Singh from his hair, pulled him and laid him on the ground. Accused Gurdeep Singh with an intention to kill him pressed the neck of the complainant with his both hands. Wazir Singh raised an alarm, which attracted Gurmel Singh s/o Dalip Singh. Gurmel Singh was in the jeep. Both the accused ran away from the spot. Gurmel Singh put Mithu Singh in his jeep and got him admitted in Civil Hospital, Tanwandi Bhai. Wazir Singh went to his house for giving information and also for collecting money for treatment of Mithu Singh. Mithu Singh was medico legally examined. After completion of the investigation, challan was presented against the accused.

(3.) Copies of documents were supplied to the accused as provided under Section 207 Cr.P.C. Charge under Section 307 IPC was framed against accused Gurdeep Singh, whereas charge under Section 307 read with 34 IPC was framed against accused Nirbhai Singh. Both of them pleaded not guilty and claimed trial.