DARSHAN LAL AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment and order dated 9.7.2003 passed by learned Sessions Judge, Jalandhar, vide which they were convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000.00 each under Sec. 302/34 Penal Code. In default of payment of fine, the defaulter was further sentenced to undergo RI for three months.

(2.) The prosecution case, in brief, is that Surjit Kumar @ Kala, brother of complainant Asha Devi, was married to Suresh Kumari daughter of Darshan Lal, accused about four years back. However, relations between Surjit Kumar @ Kala and Suresh Kumari were not cordial and after getting angry with her husband, she had gone to her parental house. After sometime, Surjit Kumar @ Kala was called by Darshan Lal, Ashwani Kumar and Raj Kumar, accused, to their house for taking back his wife Suresh Kumari. However, when on 19.3.2000, Surjit Kumar @ Kala reached their house, all the accused, in pursuance of their common intention, beat Surjit Kumar and also caused injuries on his private parts and murdered him. The accused also threatened Narotam Chand, father of deceased Surjit Kumar and cremated the dead body without conducting any post mortem examination and informing the police. On 31.3.2000, Darshan Lal, accused, appeared before the Panchayat of village Moonak Khurd and held his sons Ashwani Kumar and Raj Kumar and his nephew Sethi, accused, responsible for the murder of Surjit Kumar and agreed to pay Rs. 50,000.00 in writing as a compromise. However, Asha Rani did not agree and on her statement case against the accused was registered and Ashwani Kumar, Darshan Lal, and Raj Kumar @ Bittu were arrested on 20.5.2001 while Sethi Sharma was arrested on 2.6.2001.

(3.) After completion of investigation, challan against the accused was presented. They were charged under Sec. 302/34 read with Sec. 201/34 IPC, to which they pleaded not guilty and claimed trial.