BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 388 -SB of 2010 titled as Buta Singh and others versus State of Punjab preferred by the accused for their acquittal and Criminal Revision No. 910 of 2010 titled as Karam Singh versus State of Punjab and another preferred by the complainant for enhancement of the sentence awarded by the trial Court to the accused. Since both these appeal and revision have arisen out of the same incident, judgment and order, therefore these are being disposed of with the common judgment. However, the facts are being taken from Criminal Appeal No. S -388 -SB of 2010.

(2.) BUTA Singh, Surjit Singh and Jagtar Singh accusedappellants have directed the present appeal against the judgment and order dated 22.01.2010 passed by Shri G.S.Dhillon, the then learned Additional Sessions Judge, (Adhoc) Fast Track Court, Ropar vide which the accused were convicted under Section 306 of the Indian Penal Code (in short the IPC) and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.1000/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of three months each.

(3.) BRIEFLY stated the case of the prosecution is that Harvinder Singh alias Bittu (since deceased) son of complainant Karam Singh was in love with one Sarabjit Kaur sister of accused -appellants for the last two years (from the date of occurrence) which was not in the knowledge of the complainant and his family members. Sarabjit Kaur also used to write love letters to said Harvinder Singh alias Bittu which were recovered later on after the death of said Harvinder Singh alias Bittu. Parents of Sarabjit Kaur fixed her marriage with some other boy. Then Harvinder Singh alias Bittu (deceased) called Sarabjit Kaur to talk to her on which Buta Singh, Surjit Singh and Jagtar Singh became furious enough to give the complaint against him to the police. With the help of Local police, the matter was solved in the panchayat itself where Harvinder Singh alias Bittu was made to apologize for his act, although he told everyone that he wanted to marry Sarabjit Kaur sister of the accused.