AMARJIT SINGH Vs. STATE

JUDGEMENT

(1.) AMARJIT Singh and his brother Surinder Singh accused were brought to trial for committing murderous assault on Raju PW and having been found guilty thereof, the former was convicted under the substantive charge of section 307 Indian Penal Code while the latter was convicted under the same offence with the aid of section 34 Indian Penal Code and each of them was sentenced to seven years' rigorous imprisonment. Amarjit Singh and Surinder Singh filed two separate appeals, Crl. Appeal Nos. 109-SB/1981 and 97-SB 1981, respectively. This judgment will govern both the appeals.

(2.) THE prosecution case in brief is that on 13.5.1980 at about 6.30 p.m. Raju PW while sitting on the hind seat of motor-cycle NO. CHU 7996 driven by Harinder Kumar was proceeding in Sector 27-D. Chandigarh, from the front of the house No. 3176 belonging to the parents of the accused who are brother inter se. The accused persons gave a lalkara and the motor cycle stopped nearby. Surinder Singh alias Babbi accused inflicted lathi blows on the right shoulder of Raju. When caught hold of the lathi then Amarjit Singh alias Minti weilded a blow with the help of a chain-cover but the same was caught by Harinder Kumar. It was then that Amarjit Singh took out a knife and plunged it in the chest of Raju. He also gave two more knife blows in his chest. Then Harinder Kumar started the motor cycle and took the injured with him. The injured reached the P.G.I. Chandigarh at about 7 p.m. Dr. Sanjiv Dewan PW 2 medically examined Raju and found the following injuries on his person :