BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No.D -536 -DB of 2009 filed by accused Bhupinder Singh and Manjit Singh against judgment and order dated 5.5.2009 passed by learned Additional Sessions Judge, Nawanshahar and Criminal Revision No.1862 of 2009 filed by complainant Jaswinder Kaur for enhancement of the sentence. Vide the impugned judgment and order, accused Bhupinder Singh and Manjit Singh were convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for three months. Accused Bhupinder Singh was also convicted under Section 27 of Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/ - and in default payment of fine to undergo rigorous imprisonment for one month.

(2.) THE prosecution case as made out from the statement (Ex.PA) made by Jaswinder Kaur, wife of deceased Paramjit Singh @ Pamma on 15.5.2007 is that on 15.5.2007 complainant Jaswinder Kaur alongwith her husband Paramjit Singh @ Pamma (deceased) had gone to pay obeisance at the Martyrs site constructed in their fields. They had gone on Hero Honda Motor Cycle No.PB -37 -B -5709.

(3.) THERE Balbir Singh, uncle of her husband, r/o village Jandiala was found present. After paying obeisance, they were talking to each other. It was about 6.30 p.m. Deceased Paramjit Singh @ Pamma remembered some work and left on his motor cycle towards the village telling the complainant that he had got some work and he will come back in few moments. Jaswinder Kaur and Balbir Singh while talking to each other, started towards village on foot. At some distance, they saw that from the maize fields of Rajinder Singh s/o Ajit Singh, accused Bhupinder Singh armed with sword and Manjit Singh, armed with datar came out. They came in front of Paramjit Singh (deceased). Accused Bhupinder Singh gave a sword blow which hit the right arm of Paramjit Singh. Accused Manjit Singh gave datar blow which hit his left arm, as a result of which Paramjit Singh fell down from the motor cycle. The motor cycle also fell in the Eastern side field of Tarsem Singh. Thereafter, both the accused gave several blows on the person of Paramjit Singh, who was lying on the ground. Paramjit Singh raised his arms and in this process, his arms were got cut off alongwith bones. Thereafter, accused Bhupinder Singh gave a sword blow which after cutting the left ear and left cheek, also cut half of the neck of Paramjit Singh. Thereafter, accused Bhupinder Singh took out a pistol and fired one shot at her husband. She did not know as to whether the fire hit her husband or not. She and Balbir Singh raised alarm of 'na maro na maro' on which all the accused ran away from the spot with their weapons.