LAWS(P&H)-2014-9-493

MINDO AND ANOTHER Vs. STATE OF PUNJAB

Decided On September 22, 2014
MINDO AND ANOTHER Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is an appeal directed by the accused/appellant against the judgment of conviction and order of sentence dated 23.01.2004 passed by Shri C. D. Gupta, Additional Sessions Judge, Gurdaspur, vide which the accused/appellants has been convicted. The accused/appellant Dalbir Masih has been sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 304 Part-II of the Indian Penal Code (hereinafter mentioned as "IPC"). and accused/ appellant Mindo has been sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 304 Part-II IPC.

(2.) The factual matrix of the case is that the land of Banta Singh (deceased) adjoins the residential house of Dalbir Masih. The accused were making encroachment on the land of Banta Singh by making fence of bushes. The accused was prevented by Banta Singh (deceased) and his sons Jaspal Singh etc. not to make encroachments on the land.

(3.) On 27.06.2002 at about 9.00 AM, Jaspal Singh along with his father Banta Singh (deceased) was going to their fields. Amarjit Singh and Palwinder Singh were following them. They saw that Dalbir Masih was advancing the fence of bushes in their land. Banta Singh (deceased) stopped the accused from doing so. Upon this, Dalbir Masih asked his wife Mindo to bring brick-bats to teach a lesson to Banta Singh (deceased) and his sons. Mindo gave brick bat blows on the nose of Banta Singh (deceased). Dalbir Masih gave two brick bat blows on the chin and forehead of Banta Singh (deceased), who fell on the ground and died. Jaspal Singh raised raula and the accused ran away by throwing brick bats. The dead body of Banta Singh was left in the care of Joginder Singh and Harjit Singh and Jaspal Singh went to lodge the report along with Devinder Singh. Sowaran Singh, Inspector met Jaspal Singh at village Mari Buchian near Focal Point where Jaspal Singh made his statement on the basis of which formal FIR was registered. Rough site plan was prepared. Inquest report was prepared. Investigation was carried out and after completion of investigation, challan against the accused was presented in Court.