SUKHWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellants-Sukhwinder Singh and Chamkaur Singh alias Kaura against the judgment of conviction and order of sentence dated 15.2.2002 passed by Additional Sessions Judge (Ad hoc), Judge, Fast Track Court, Sangrur, whereby they have been held guilty and convicted for the offence under Section 302 of the Indian Penal Code ('IPC' for short). Appellant No.2-Chamkaur Singh has also been convicted for the offence under Section 404 IPC. Appellants have been sentenced to undergo imprisonment for life each for the offence under Section 302 IPC. Appellant No.2-Chamkaur Singh has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 404 IPC. However, all the sentences of Chamkaur Singh have been ordered to run concurrently. Accused Gurmel Kaur has, however, been acquitted of the charges framed against her.

(2.) The brief facts of the prosecution case are that on 25.12.1994, Amar Kaur-complainant went to the Police Station and got recorded her statement. In her statement, she stated that she was married to Sarja Singh. Malkiat Kaur first wife of Sarja Singh had expired. From his first wife Sarja Singh had two daughter, namely, Sumelo and Gurmelo. Gurmelo alias Gurmel Kaur was married with Sadhu Singh and has three sons, namely, Sukhwinder Singh, Chamkaur Singh alias Kaura and Lakhwinder Singh alias Kala. Complainant further stated that they are three brothers and sister. Her elder brother Babu Singh had been living at Dhuri after constructing his house after retirement from PSEB. Some time ago, her brother Babu Singh executed a Will regarding his house at Dhuri in her name. About three years ago, her brother Babu Singh executed a Will regarding his house in favour of Gurmelo after cancelling the previous Will in her favour. She occasionally used to come to meet her brother. One day before, she came to meet her brother Babu Singh at Dhuri and they were talking about domestic affairs. Her brother told that Gurmelo and her sons were not looking after him properly and asking to give his house to them and then they would look after him. On the previous day in the evening both Sukhwinder Singh and Chamkaur Singh alias Kaura sons of Gurmelo came to her brother Babu Singh and then both of them started taking liquor. They both along with Babu Singh were in the kitchen when she was lying in front room. At about 8.00/8.30 p.m. she heard a noise in the kitchen in a loud voice. The electric bulb of the kitchen was on and door was closed. Then she peeped through the window from one side and saw that her brother Babu Singh was laid down on the cot by Sukhwinder Singh and by sitting on his chest Sukhwinder Singh was pressing the throat of Babu Singh and was giving nail scratches on his throat. Chamkaur Singh alias Kaura had pressed both arms of her brother, on which the complainant stated from out side as to why they were killing him, on which Chamkaur Singh threatened her by saying that he was to be killed by them and if she made a noise or tell to anyone then she would also not be spared and he tried to come towards her by running. Out of fear, she entered her room and bolted the door from inside. Due to fear, she did not come out side during the whole night. In the morning, she opened the door and came out and went inside the kitchen and found Babu Singh lying dead on the cot. She told the neighbours about this. She had seen with her own eyes that accused Sukhwinder Singh and Chamkaur Singh had murdered her brother Babu Singh and both of them ran away with the wrist watch of white colour, which was on the right hand of her brother and his golden ring, on which his name was inscribed.

(3.) Motive was that the sons of Gurmelo had suspicion that her brother Babu Singh shall not get the Will of house cancelled from the name of Gurmelo.