MANGAL SINGH @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Mangal Singh @ Manga has challenged the conviction and sentence passed by the trial Court under Section 302 IPC vide which he was sentenced to undergo life imprisonment and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo further R.I. for 11/2 years.

(2.) The brief case of the prosecution is that Bakshish Singh, Tara Singh and Ajaib Singh were brothers. Ajaib Singh brought a lady from Bihar. The said lady from Bihar brought alongwith her accused Mangal Singh @ Manga. Sohan Singh (deceased) was the son of Bakshish Singh. Tara Singh who was a bachelor transferred his share of land in favour of Sohan Singh. The accused demanded a share in the land given by Tara Singh to Sohan Singh. Accused had already filed a civil suit against Sohan Singh asserting his right of share in the property of Tara Singh.

(3.) On 7.7.2005, Sohan Singh (deceased) was working in his fields alongwith his son Lal Singh (PW4 ) and his wife Shanti Kaur (PW5). When Sohan Singh was engaged in removing the weeds in the fields, PW4 and PW5 had been to the tubewell in the said land. At about 5.00 p.m. on the said day, accused came from the side of village holding a spear in his hand. Expressing his displeasure over the refusal of Sohan Singh to part with a share in the land of Tara Singh, pushed Sohan Singh to the ground and thereafter he delivered 8-9 blows with the spear he held on the face, eye and nose. PW4 and PW5 came rushing to the spot raising alarm. The accused escaped from the spot. Sohan Singh succumbed to the injuries at the spot itself.