SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by Swaran Singh -one of the accused, against the judgment of conviction and order of sentence dated 28.05.2002 passed by Shri Dhian Singh, Additional Sessions Judge, (Adhoc) Fast Track Court, Amritsar, vide which present appellant Swaran Singh has been convicted under Sections 307/34/450/324 of the Indian Penal Code (in short "the IPC") and sentenced to undergo rigorous imprisonment for a period of 05 years and to pay fine of Rs. 1000/-under Sections 307/34 IPC. In default of payment of fine, to further undergo rigorous imprisonment for one month; rigorous imprisonment for a period of 04 years and to pay fine of Rs. 1000/- under Section 450 IPC. In default of payment of fine, to further undergo rigorous imprisonment for one month; rigorous imprisonment for a period of 02 years under Section 324 IPC. However, all the sentences were ordered to run concurrently.

(2.) The facts gathered from the record are that on the intervening night of 29/30.12.1995, Ashok Kumar and his family members were sleeping in their house situated in Street No.3, Guru Nanak Pura, Amritsar. At about midnight (12:30 AM), Swaran Singh (present appellant) and Buta Singh having knives and Bittu (brother-in-law of Swaran Singh) entered their house by scaling over the courtyard wall. The accused woke up Ashok Kumar, his wife Vijaya Rani and his mother Bharanwan Devi. Buta Singh put knife on the neck of Vijaya Rani, who started crying and then Bittu shout that whole of the family was to be eliminated. When Ashok Kumar tried to rescue his wife, Bittu caught hold his arms and Swaran Singh inflicted knife blow on the left side of his chest. Buta Singh accused also gave knife blow on his abdomen. Bharawan Devi-mother of Ashok Kumar rushed to that place from her room and she too also saw the occurrence. The accused removed the earrings of Vijaya Rani and of Bharawan Devi besides finger ring of Bharawan Devi. The motive of the occurrence was that Sita Rani, mother of Swaran Singh (present appellant) and Buta Singh had been deserted by their father Arjan Singh for the last four years and she was living in the house of her brother Ashok Kumar. Ashok Kumar had approached Arjan Singh, Swaran Singh and Buta Singh to rehabilitate Sita Rani in their house but they have refused. After completion of investigation, challan against the accused was presented in Court.

(3.) On presentation of challan, copies of the same as envisaged under Section 207 Cr.P.C were supplied to the accused free of costs.