MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh and Amarjit Singh sons of Harbans Singh have filed this appeal against the judgment of conviction and order of sentence dated 24.1.2002 passed by learned Sessions Judge, Amritsar in case FIR No. 236 dated 16.12.1997 registered under Sections 302 read with Section 34 IPC at Police Station Sadar, Amritsar, vide which Mohinder Singh, accused (appellant No. 1) was sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- under Section 302 and in default of payment of fine to further undergo RI for three months and Amarjit Singh (appellant No. 2) was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- under Section 302 read with Section 34 IPC and in default of payment of fine, to further undergo RI for three months.

(2.) THE prosecution lodged a report on 16.12.1997 on the basis of statement made by Parminder Singh son of Gurdial Singh to Dalbir Singh, SHO Police Station Sadar, Amritsar alleging therein that he was a resident of village Gagarwala and was doing cultivation. Towards West of his house, at a distance of about 50 yards, 4-5 marlas of their land was situated. Over this land, Mohinder Singh @ Tota son of Harbans Singh, Mazbhi by caste, of village Gagarwala had constructed a temporary hut. On 16.12.1997, at about 5.30 P.M., he along with his friend and Transport Partner, Jagdish Singh son of Jaswant Singh, Jat, resident of Bal Kalan, Police Station Majitha and Ajit Singh son of Aroor Singh son of his father's uncle, who was unmarried and was living with them from the very beginning and was also looking after the affairs of their house, was sitting on the terrace of the kothi. There was a telephone pole near their house from where the telephone connection was provided to their house. The pole was broken and replaced by a new one by the telephone department. Broken pole was taken away by Mohinder Singh @ Tota Singh towards his hut. Ajit Singh told them that he will come back after asking Mohinder Singh as to why he had taken away the broken pole. He went towards the hut of Mohinder Singh where Mohinder Singh and Ajit Singh got scuffled/grappled with each other. In the meantime, Amarjit Singh, brother of Mohinder Singh came there and raised a lalkara that Ajit Singh be caught hold and he should not escape today. On hearing the lalkara, Mohinder Singh @ Tota picked up kassi lying near-by and hit Ajit Singh on his head upon which, he fell down. While they were climbing down they saw Mohinder Singh giving two more kassi blows to fallen Ajit Singh. When he and Jagdish Singh reached the hut after climbing down from the house, Mohinder Singh @ Tota alongwith kassi and Amarjit Singh ran away from the spot. When they reached near Ajit Singh, he succumbed to his injuries. They examined Ajit Singh from near-by and found that there were cut marks on the right side of the head, right ear and right cheek. His uncle Ajit Singh was murdered by Mohinder Singh @ Tota and Amarjit Singh. While leaving behind Jagdish Singh and other family members near the dead-body, he came to inform the police. On the basis of the statement Ex. P-B, FIR Ex. PB/2 recorded.

(3.) CHARGE under Section 302 IPC was framed against Mohinder Singh, accused on 29.7.1998, which was read over and explained to him, to which he pleaded not guilty and claimed trial.