GORA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 07.08.2002 vide which all the three appellants have been held guilty and convicted for offence punishable under Section 120-B of IPC (for short 'IPC'). Appellants Kala Singh and Gora Singh have also been held guilty and convicted for the offence punishable under Section 302 read with Section 34 IPC and order of sentence of the even date vide which all the appellants have been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of six months each for offence punishable under Section 120-B IPC. Appellant Gora Singh and Kala Singh have also been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of six months each for offence punishable under Section 302 read with Section 34 IPC. The sentences awarded to appellants Gora Singh and Kala Singh were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that complainant Jaspal Singh made his statement Ex.PA to Inspector Harcharan Singh, SHO Police Station Joga alleging therein that he is an agriculturist by profession. They are three brothers. Eldest is Kulwant Singh, who is serving in the Army and younger to him is Sandeep Singh. They have taken the land of Bikkar Singh on lease/share basis and have transplanted the paddy crop in that field. Teja Singh (deceased), father of the complainant aged about 60 years use to stay in the field for guarding the electric motor. On 08.08.2001, complainant Jaspal Singh and Bikkar Singh went to the field for installation of the electric motor after getting the same repaired. His father Teja Singh was present near the tubewell room. They returned to their village at about 9.30.p.m after having fitted the motor leaving behind Teja Singh (deceased) in the field. In the morning of 09.08.2001, when Teja Singh did not return to the house, Jaspal Singh complainant went to the field and found the dead body of his father lying on the cot having injuries on his neck and face with sharp edged weapon. He went to the village and informed about it to Gursewak Singh and Avtar Singh. He sent his brother Sandeep Singh at the spot. Thereafter, he along with Gursewak Singh and Avtar Singh started for the police station to lodge the report. The SHO met them in the way and recorded the statement. Complainant also stated that his father has been killed by some unknown persons with sharp edged weapons. On the statement of complainant-Jaspal Singh Ex.PA, formal FIR Ex.PA/2 was registered and investigation was started.

(3.) Inspector Harcharan Singh, the Investigating Officer along with complainant Jaspal Singh and others reached the spot, where the dead body of Teja Singh was lying on the cot. He carried out the inquest proceedings and prepared the inquest report Ex.PM. He sent the dead body along with request Ex.PL for postmortem examination through HC Bant Singh and Major Singh, Punjab Home Guard volunteer. He lifted the blood stained earth which were kept in the sealed parcel Ex.P-2 as well as the simple earth which were taken into possession vide memo Ex.PE. He also took into possession piece of blanket stitched on the cot, blood stained 'Baan' of the cot by converting them into sealed parcel vide memo Ex.PF. The Investigating Officer prepared the rough site plan of the place of occurrence Ex.PG. HC Bant Singh handed over the parcels to the Investigating Officer after the postmortem examination on the dead body of deceased Teja Singh.