PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Piara Singh and Gurmit Singh appellants were tried and convicted on the charge of murder of Surjit Singh, under section 302/34, I.P.C. by the learned Sessions Judge, Faridkot, and each one of them was awarded sentence of imprisonment for life and fine of Rs. 2,000/- or in default of payment thereof, to further undergo six months R.I. Feeling aggrieved against their conviction and sentence, they have come up in appeal.

(2.) Briefly, the facts of the prosecution case are that Surjit Singh deceased and his father Gurbachan Singh P.W. 6 hail from village Malak Akalianwala, located in Tehsil Zira, while Satpal Singh P.W. 7 belongs to village Rania. About 7-8 years prior to the present occurrence, Gurbachan Singh P.W. along with his son Surjit Singh started cultivating the land of Sat pal Singh P.W. on lease in village Rania. They used to reside in the farm house of Satpal Singh. Surjit Singh deceased during that period developed illicit intimacy with the daughter of Piara Singh accused-appellant.

(3.) Gurmit Singh accused-appellant is the son of said Piara Singh. Due to this episode, Gurbachan Singh P.W. along with his son Surjit Singh returned to their native Village about 4/5 years prior to this occurrence. On 20th August, 1988, Surjit Singh alongwith his father Gurbachan Singh P.W. came to village Rania for meeting their relation Satpal Singh P.W. On that day at about 7.00 PM, these two persons alongwith Satpal Singh P.W. were present outside the house of the latter in Village Rania and indulging in causal gossip when Piara Singh accused armed with Gandasi alongwith his son Gurmit Singh accused armed with Kirpan arrived there from their nearby house. Piara Singh accused after shouting that Surjit Singh be taught a lesson for having illicit intimacy with his daughter, dealt a gandasi blow on the back of neck of Surjit Singh. Gurmit Singh accused thereafter gave a kirpan blow on the left ear of Surjit Singh which resulted in fall-with face downwards. Thereafter both the accused gave further blows on the head of Surjit Singh with their respective weapons. Satpal Singh and Gurbachan Singh P.Ws. raised alarm upon which both the accused along with their respective weapons went away. Surjit Singh was found lying dead at the spot. Thereafter leaving Satpal Singh P.W. to guard the spot. Gurbachan Singh P.W. father of the deceased after joining Karnail Singh (P.W. 12), Ex-Member Panchayat left for Police Station Badhni Kalan for lodging the report but happened to meet A.S.I. Fauja Singh on the canal bridge of Badhni Kalan. Gurbachan Singh P.W lodged the report Ext. PA with the aforesaid police officer. It as concluded at 9.30 P.M. and on its basis a case under section 302/34, I.P.C. was got registered against the accused at Police Station Badhni Kalan at 9.45 P.M. vide F.I.R. Ext. PN2. Its special report was conveyed to the Illaqa Magistrate at Moga on the next morning at 10.05 A.M. by Constable Mohmder Singh P.W. 2 as no transport was available during night.