KABAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Kabal Singh was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default to undergo one year rigorous imprisonment.

(2.) Aggrieved by the judgment of conviction and sentence passed by the trial Court, the present appeal has been preferred by him.

(3.) The brief case of the prosecution is that PW1 Kashmir Kaur was the wife of Surjit Singh (since deceased). PW3 Surmukh Singh is the father of the deceased Surjit Singh and father in law of PW1. There is a water course running by the side of their house. Surjit Singh was to utilise his turn of canal water through the water course running by the side of his house on 07.06.2006. Accused Kabal Singh had stored manure virtually on the water course blocking the flow of water. The request made by deceased Surjit Singh to the accused did not yield desired result. At about 7.00 P.M. on 06.06.2006, the deceased Surjit Singh started removing manure from the water course with a spade. PW1 and PW3 were standing in front of their house. The accused Kabal Singh armed with a Kirpan and his son Lakhwinder Singh armed with Datar came running towards their house and moved towards Surjit Singh. The accused drew sword from his cover and gave a blow on the neck of Surjit Singh and caused injuries. He also caused injury on the head of Surjit Singh. The accused Lakhwinder Singh gave a Datar blow which hit on the shoulder of Kashmir Kaur. Kashmir Kaur raised alarm and the assailants escaped with their weapons.