LAWS(P&H)-1984-1-39

BALWINDER SINGH Vs. STATE OF PUNJAB

Decided On January 23, 1984
BALWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) - Vide his judgment and order dated 27.8.1983, the learned Sessions Judge, Ferozepore, convicted and sentenced the appellant as under; Balwinder Singh u/s 302, Imprisonment for life & a fine of Rs. 3000/- or to undergo further appellant. I.P.C. ears in default of its payment.

(2.) Hardeep Singh, brother of the appellant, and Mota Singh, father of the appellant, who had also been sent up for trial along with him, were given the benefit of doubt and acquitted.

(3.) The case of the prosecution in brief is that one or two days prior to this occurrence the cattle of the appellant had strayed into the fields of Mangal Singh, father of Gurvinder Singh deceased. Upon this, there as an altercation between the appellant, this brother Hardeep Singh, the acquitted accused, on one side and Gurvinder Singh deceased on the other. On 261.1983 at about 5 PM Gurvinder Singh deceased and his uncle Puran Singh P.W.2. were returning from Zira after seeing the Republic Day function. They were going on foot to their village Behak Gujran after getting down from the bus at the Bus Adda. When they reached near the house of Mota Singh, the acquitted accused, the latter and his son Hardeep Singh, the acquitted accused were standing in their door. On seeing them they raised a lalkara-Catch bold of Guruinder Singh and others and teach them a lesson for getting the crops damaged They also gave a chase to Gurvinder Singh deceased. Gurvinder Singh deceased was going ahead and be was being followed by Puran Singh P.W.2. When the deceased tried to take a turn towards the school, Balwinder Singh appellant appeared on the scene carrying a toki Ex. P.1 in his hands. He gave a blow with this toki on the bead of the deceased on receipt of this injury, the deceased fell down Puran Singh P.W.2 started raising an alarm, Mar ditta. Mar ditta. Ajit Singh P. W .3 who was coming from the side of the house of Virsa Singh, witnessed this occurrence. He also raised an alarm, TNa maro, Na maro. On hearing this alarm, the appellant and his two companions ran away from the place of occurrence.