ZORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Additional Sessions Judge, Ludhiana, vide his judgment dated January 9, 1984, convicted and sentenced Dalip Singh, Nahar Singh and Zora Singh, residents of village Chajjewal, in district Ludhiana, as under: Zora Singh 302, I.P.C. Each to undergo rigorous imprisonment Dalip Singh 302/34 10,000.00 each, in default of payment and I.P.C. Nahar Singh imprisonment for five years. Zora Singh 307, I.P.C. Dalip Singh 307/34, and I.P.C. Each, to undergo rigorous imprisonment Nahar Singh 5000.00, in default of payment of which for two years. All the three appellants 499, I.P.C. Each to undergo rigorous imprisonment f Zora Singh 27, Arms Act R.I. for one year. The substanive sentences of imprisonment were ordered to run concurrently. The learned Additional Sessions Judge further directed that the whole of the fine under section 302, Indian Penal Code, on realization shall be paid to the legal heirs of the deceased and the entire fine imposed under section 307, Indian Penal Code, when realised shall be paid to Ajaib Singh P.W.

(2.) Two appeals have arisen out of this judgment. One appeal (Criminal Appeal No. 68-DB of 1984) has been filed jointly by Zora Singh and Nahar Singh and the second appeal (Criminal Appeal No. 79-DB of 1984) has been filed by Dalip Singh. Both the appeals being against the same judgment will be disposed of together.

(3.) The appellants, Dalip Singh and Nahar Singh are brothers. Ajaib Singh (P.W. 7) is also their brother and they are sons of Dasondha Singh. The latter owned 18 Killas of land which he divided into four shares. Three shares were distributed amongst his sons and he himself retained the fourth share. He used to live with Ajaib Singh (P.W. 7) to whom he sold nine Kanals of land from his share for Rs. 12,000/-. This transaction was resented by the appellants Dalip Singh and Nahar Singh. It may be mentioned here that Zora Singh appellant is son of Nahar Singh. It is said that about 3. years before the occurrence the appellants Nahar Singh and Dalip Singh caused injuries to their father Dasondha Singh, their brother Ajaib Singh (P.W.7) and the latters wife Manjit Kaur (P.W. 6). On this account Dalip Singh and Nahar Singh were being prosecuted under section 325, Indian Penal Code, and the case was pending at the time of occurrence.