GURDEV SINGH @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Pal Singh s/o Sohan Singh, accused Sarabjit Singh, accused Manjinder Singh @ Jatinder Singh, Pal Singh @ Amarjit Singh and Gurdev Singh @ Manga were convicted under Sections 148 IPC and were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each and in default to undergo a further period of one month rigorous imprisonment. Accused Pal Singh s/o Sohan Singh and Manjinder Singh @ Jatinder Singh were convicted under Section 302 IPC and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- each and in default to undergo further period of one month rigorous imprisonment. Accused Sarabjit Singh, Pal Singh @ Amarjit Singh and Gurdev Singh @ Manga were convicted under Section 302 read with Section 149 IPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- each and in default to undergo a further period of one month rigorous imprisonment.

(2.) The brief case of the prosecution is that on 13.4.2002 at about 7.00 P.M. PW 6 Gurdev Singh accompanied by his nephew Amandeep Singh @ Amnu and his uncle's son Sarabjit Singh @ Kala (since deceased) were returning by tractor from Hardo Pharala village after enjoying Baisakhi fair. Five persons came from behind on two scooters. One scooter was driven by accused Pal Singh s/o Gurdip Singh. Accused Pal Singh s/o Sohan Singh came in the said scooter armed with an iron rod as a pillion rider. The other scooter was driven by a clean shaven young man. Accused Manjinder Singh was sitting as a pillion in the other scooter armed with iron rod. They approached tractor driven by PW11 Amandeep Singh @ Amnu.

(3.) Accused Pal Singh s/o Sohan Singh exhorted that Sarabjit Singh @ Kala be caught hold of. Upon this accused Pal Singh dragged Sarabjit Singh @ Kala from the tractor to the ground. The third young man held Sarabjit Singh @ Kala by his arms. Accused Pal Singh s/o Sohan Singh gave two iron rod blows on the head of Sarabjit Singh @ Kala. The other rider of the scooter held Sarabjit Singh by his legs and accused Manjinder Singh gave iron rod blow on Sarabjit Singh which hit him on the forehead. Manjinder Singh also gave iron rod blow which hit the cheek of Sarabjit Singh. Sarabjit Singh @ Kala fell down on the un-metalled passage. When the occupants of the tractor raised alarm, all the accused ran away from the scene of occurrence. Sarabjit Singh @ Kala succumbed to the injuries suffered by him in the occurrence.