BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two criminal appeals bearing Crl. Appeal 44-DB of 2002 filed by Balbir Singh and Lachhman Singh and Crl. Appeal No.710-DB of 2002 filed by Banta Singh since both these appeals have arisen out of the same incident and common questions of facts and law are involved in the same.

(2.) By preferring the instant criminal appeals, appellants have prayed for setting aside the impugned judgment dated 20.08.2002 and order of sentence dated 02.09.2002 whereby the court of learned Additional Sessions Judge (Adhoc), Patiala while acquitting Kapoor Singh and Bhan Singh of the charges framed against them, has convicted and sentenced the present appellants to undergo life imprisonment under Sec. 302/34 Penal Code and to pay a fine of 1000.00 each. In case of default, they were to undergo RI for one month.

(3.) In nutshell, the case of the prosecution is that on 24.01.1998, on receiving a slip from the Doctor, Civil Hospital, Samana, SI Gurkirpal Singh along with other police officials went to the Civil Hospital, Samana. After the opinion having been obtained from the Doctor, by SI Gurkirpal Singh regarding the injured Gurdial Singh son of Mansa Singh resident of Waraichan Patti, Samana and Seema Rani D/o Gurdial Singh only the injured Seema Rani daughter of Gurdial Singh was found fit to make the statement. Thereupon, statement of Seema Rani was recorded wherein she deposed that she is resident of Waraichan Patti, Samana and aged about 21 years. She got married about three years back with Jaswinder Singh resident of Panjola, District Fatehgarh Sahib and is residing with her parents. On 24.1.1998 at about 7.30 p.m. she along with her sister Gurmit Kaur and her mother Nasib Kaur was sitting near the kitchen in the court yard. The light of the house was on. They were about to prepare the evening meals. Her father Gurdial Singh was sitting on the cot in the court yard and then she along with her sister went inside the kitchen to get the articles. When she along with her sister came back with the articles in the court-yard, they saw Banta Singh son of Sadhu Singh armed with Takua, Bhan Singh son of Sadhu Singh armed with Dang, Kapoor Singh S/o Sadhu Singh armed with Gandasi, Lachhman Singh son of Banta Singh armed with Takua, Balbir Singh @ Beera son of Banta Singh armed with Takua, who raised lalkara that Nasibo (Nasib Kaur) should not be spared today. Then Banta Singh gave weapon blow on the forehead of Nasib Kaur. On receiving injury, Nasib Kaur fell down. Lachhman Singh gave the Takua blow on the left forehead of Nasib Kaur. Thereafter, Balbir Singh @ Beera gave Takua blow on the right forehead of Nasib Kaur. Then in order to save herself from the blows, Nasib Kaur raised her right arm and on this, Banta Singh gave weapon blow which fell on the right elbow of Nasib Kaur. Upon this, complainant and her sister raised the noise "bachao-bachao". When father of the complainant came forward to rescue Nasib Kaur, then Kapoor Singh gave gandasi blow on the head of the father of complainant. Thereafter, Bhan Singh inflicted dang blow on the left arm of Gurdial Singh (father of the complainant). Gurmit Kaur tried to intervene in the fight and on this Kapoor Singh gave gandasi blow on the head of Gurmit Kaur. Then complainant came forward to save others and on this, Lachhman Singh gave takua blow which hit on the head of the complainant. On receiving the injuries, complainant fell down on the ground. Thereafter, all the accused along with their respective weapons after inflicting injuries on the complainant and others with the intention to kill them fled away from the place of occurrence. However, Nasib Kaur succumbed to injuries at the spot. The dead body of Nasib Kaur was put on the cot and the cot was then placed in the room. Meanwhile Tarsem Singh, brother of the complainant came there from outside and he was given the custody of the dead body of Nasib Kaur and thereafter the complainant along with other persons left for Civil Hospital, Samana for medical aid of their injuries. Complainant got recorded in the statement that the motive behind the fight was that the wife of Banta Singh had made false allegations against her sister and due to that fight took place between her mother and the wife of Banta Singh.