CHHOTA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Chhota Ram son of Garib Singh and Malkiat Singh son of Sajjan Singh have filed this appeal against the judgment and order dated 10.05.2002 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court, Sangrur, vide which they were convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution story as detailed in the statement of Megh Nath (complainant), brother of deceased Amar Nath is that his younger brother Amar Nath was working as labourer and was residing separately. On 16.05.1992 at about 8/8.30 p.m., he (Megh Nath) went to the house of his brother Amar Nath (since deceased) in connection with some domestic work. Then on his inquiry, his brother's wife Kailo Devi disclosed him that sometime earlier, her husband Amar Nath was called by Chhota Ram and Malkiat Singh (accused) on the pretext of giving him a party. Thereafter, Megh Nath (complainant) went to the house of Chhota Ram, where his mother Piyari Devi told him that her son Chhota Ram and grandson Malkiat Singh had gone to the fields in connection with some work in the evening but they had not returned so far. The complainant got suspicious. Therefore, he went to the fields to enquire about his brother Amar Nath. When he reached near shamlat land, where his father had constructed hedges after planting trees, on the western side of the village, from where a path leads to a field; then he heard some commotion. It was moonlit night. Megh Nath went slowly ahead the pipal tree near the hedge. Then complainant saw that Malkiat Singh gave 2 -3 dang blows on the head of Amar Nath. Amar Nath fell down. Then Malkiat Singh and his uncle Chhota Ram caught hold of him (Amar Nath) from his neck with the help of piece of cloth. Then both the accused pulled the piece of cloth from their respective sides.

(3.) THE complainant raised alarm and tried to rescue his brother. In the meanwhile, accused Chhota Ram after breaking a bottle, gave a blow with his right hand in the abdomen of Amar Nath. After hearing the alarm, both the accused raised lalkara and fled away along with dang and piece of cloth after removing it from the neck of Amar Nath. Megh Nath then went to Amar Nath and found that Amar Nath had died. The motive behind the occurrence is that about 4 -5 years earlier, there was a rumour in the village that Amar Nath had illicit relations with Amarjit Kaur, sister of accused Chhota Ram but this rumour was hushed up as Amarjit Kaur was unmarried. Megh Nath alleged that his brother Amar Nath has been killed by the accused on account of aforesaid suspicion. According to the complainant, the occurrence took place at about 9.00 p.m. Due to disturbed law and order condition in the State, Megh Nath could not go to the police station to lodge the report.