DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Devinder Singh and Puran Singh residents of village Qila Desa Singh in district Gurdaspur, who are brothers, have filed an appeal against the judgment of the learned Sessions Judge, Gurdaspur, dated November 12, 1983, by which they were convicted and sentenced as under:

(2.) The complainant Ajit Singh (PW 2) has also filed Criminal Revision No. 203 of 1984 claiming compensation from the appellants. The appeal and the revision have arisen from the same judgment and are, therefore, being disposed of together.

(3.) The prosecution case briefly stated is that Ajit Singh (PW 2) of village Qila Desa Singh and his brother Kabul Singh purchased land from one Guljit Kaur on March 15, 1982 which was under cultivation of Puran Singh appellant. Since Ajit Singh wanted the land to be vacated by Puran Singh it led to inimical relations between them. A civil litigation started between the parties. Puran Singh appellant and Baljinuer Singh deceased son of Ajit Singh (PW 2) were also involved in security proceedings on June 27, 1952. There was Bhog of Akhand Path in the house of Dharam Singh, father-in-law of the deceased Baljinder Singh on October 24, 1982 in village Ghani-ke-Banger. The deceased Baljinder Singh, his father Ajit Singh (PW 2) and his sisters husband Kuldip Singh (PW 3) had gone there to attend the same. After the Bhog ceremony they started the return journey in a tractor and reached bus stand of village Kala Afghana at about 4.50 p m. At the bus stand the deceased Baljinder Singh alighted from the tractor to drink water. He was accosted by the appellants. At that time Puran Singh was holding a knife but Devinder Singh was unarmed. The latter caught hold of Baljinder Singh, whereas Puran Singh, gave three knife blows to him: two on the left flank and third on the forehead. On receipt of these injuries Baljinder Singh died at the spot. The appellants fled away. Ajit Singh (PW 2) went to Police Station Fatehgarh Churian which is 8 Kms. from the place of occurrence and lodged the First Information Report (Exhibit P0) at 6.40 p.m. which was recorded by Sub-Inspector Resham Singh (PW 5). The special report reached the Ilaqa Magistrate at Batala at 8.00 p.m. The Sub Inspector went to the place of occurrence and prepared the inquest report (Exhibit PC). The appellants were arrested on 26th of October, 1982. A knife (Exhibit P. 7) was recovered in pursuance of the disclosure of Devinder Singh appellant.