HARMEET SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant No.1 Harmeet Singh was convicted under Section 302 IPC and appellant No.2 Ajit Singh under Section 302 read with Section 34 of the IPC vide order dated 20.12.2002 and were sentenced for imprisonment for life with fine of Rs. 500/-. They were also awarded three months rigorous imprisonment in default of payment of fine.

(2.) The FIR (Ex.PC/3) was lodged on 24.10.1999 at 2.15 p.m. wherein Shingara Singh (PW3), brother of deceased Angrej Singh, stated that he is a resident of village Bhagwanpura and were four brothers, amongst whom Angrej Singh (since deceased) was the youngest. On 22.10.1999, at about 6 O'Clock in the evening, his brother Angrej Singh was coming back to his house after constructing the lintel of the school of Comrade Major Singh situated at Ladhuwali Chowk. When he reached at the turning point of the street in front of house of Ajit Singh S/o Assa Singh, Jat, resident of the village, at that time, he was standing in the street in front of the outer gate of his house near electric pole. On seeing him standing outside in the street, his younger brother's wife also came there. Then, at once, Harmeet Singh S/o Ajit Singh, armed with Baala, his brother Malkiat Singh @ Manga, armed with Dang (Staff), and their father Ajit Singh S/o Assa Singh, empty handed, came from their house and Ajit Singh raised a lalkara saying that "Putro Ajj Angrej Singh Nuo Najayaj Galhan Kadhan Da Mazaa Chakhaa Deo". Immediately thereafter, Harmeet Singh gave a blow with his Baala on the shin of left leg of Angrej Singh and Ajit Singh caught hold of him from his hair and threw him on the ground with his face downwards. Harmeet Singh again gave a blow with his Baala which hit below his left ear and in the head of Angrej Singh.

(3.) Then Malkiat Singh gave indiscriminate Dang blows continuously, which hit Angrej Singh on his left shoulder, left wrist, left flank, right shoulder, right wrist on the thumb of right foot and back of left shoulder etc. They raised alarm "Mar Ditta, Mar Ditta" on which the assailants decamped with their weapons. He and his younger brother's wife had witnessed the entire occurrence. They took Angrej Singh to their house. During the night time, they could not make any arrangement for the conveyance and were also afraid of the assailants. Then, on 23.10.1999, after arranging the vehicle, he took his brother to Mund Hospital, Amritsar at about 10 O'Clock where at about 8 O'Clock in evening, his brother Angrej Singh succumbed to his injuries. At night, he could not make any arrangement for conveyance due to shortage of money but on 24.10.1999, his wife Amarjit Kaur reached the hospital with some money and then, after arranging the vehicle, they reached village Bhagwanpura at about 11 O'Clock with the dead body of his brother Angrej Singh. They were very much perturbed and could not furnish any information to the police earlier. It is also stated by him that when all their relatives came, after leaving his younger brother Nishan Singh near the dead body of Angrej Singh, he along with Gurmej Singh S/o Kartar Singh, Jat, resident of Patti came to the Police Station and lodged the report. He further stated that the cause of enmity was exchange of hot words between his brother Angrej Singh and Ajit Singh four days ago. On account of that grudge, all the three, father and sons, had killed his brother Angrej Singh with common intention.