SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Patiala, dated 4-1-1993, whereby the present appellant was convicted under Section 302 of the Indian Penal Code for intentionally committing the murder of Sital Singh of his village and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 200.00. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one year.

(2.) In brief facts of the prosecution case as emerge from the first information report lodged by Tarlochan Singh son of the deceased and a student of 10+2 class are that on 29-11-89 a dance and music party was giving performance in the house of Gurmel Singh of his village in connection with his marriage. The marriage party was to leave on the next morning. Tarlochan Singh went to see that performance. At about 10 P.M. his mother Charanjit Kaur and his father Sital Singh came there and on their asking Tarlochan Singh PW left with his parents in order to return to their house. On their way back as they reached near the Nimwala Chowk Surjit Singh alias Sita appellant whose house is situated near that Chowk asked Sital Singh to come to his house as he wanted to talk to him. Sital Singh went inside that house while his wife Charanjit Kaur and their son Tarlochan Singh remained in the street. In the meantime Sital Singh raised alarm 'Na Maro Na Maro'. On hearing that Tarlochan Singh and Charanjit Kaur PWs went inside that house and saw Surjit Singh appellant inflicting injuries to Sital Singh with Loon Ghotna (a short round flat stick with which salt and spices and such other material is grinted). Sital Singh was lying fallen on the ground in the courtyard of the house of Surjit Singh. At that time electric light in the verandah of the house of Surjit Singh was on. Charanjit Kaur and Tarlochan Singh PWs came forward to rescue Sital Singh. Surjit Singh appellant gave a sota blow on the fore-head of Tarlochan Singh and another blow with the sota to Charanjit Kaur PW on her head. Both Tarlochan Singh and Charanjit Kaur PWs out of fear came on the raise plat-form and raise alarm but no one came there immediately. In the meantime, Surjit Singh appellant ran away from the spot after inflicting injuries to the complainant party. Thereafter Tarlochan Singh PW and Charanjit Kaur PW went inside the house and found that Sital Singh had already succumbed to the injuries. Blood was oozing out of his head and there was injuries all over his body.

(3.) The motive for the crime is that Surjit Singh appellant suspected that Sital Singh had developed illicit relations with his wife Smt. Bhuro.