BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Hoshiarpur, dated 30.1.1992, whereby the present appellant was convicted under Sections 302 read with Section 34 of the Indian Penal Code, for intentionally committing the murder of his father Piar Singh in furtherance of his common intention and that of his co accused and brothers Mehnga Singh, Bidhi Singh and Dalbir Singh. The present appellant was sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for five years.

(2.) In brief facts of the prosecution case are that on 31-10-1968 Piar Singh deceased executed a will bequeathing his land in equal shares to his aforesaid four sons namely Mehnga Singh, Bidhi Singh, Dalbir Singh, Balbir Singh (appellant). Subsequently on 3.9.1980 he revoked the said will on the ground that his sons were not serving him any more. He also mortgaged 5 Kanals 6 Marias of land for Rs. 12,000/- in favour of Jagdish Mittar Sarpanch, of the village. The relations between PUNJAB Page 2 of 3 Piar Singh with his sons became strained as the latter used to demand their shares in the land and insisted that he should transfer his land in their favour. Thereafter, Piar Singh shifted his residence to the tubewell kotha in his field. Piar Singh was only agreeable to transfer the land to the extent of his share but his sons wanted to get the entire land. Altercation took place between Piar Singh on the one side and Mehnga Singh etc. on the other side and security proceedings were initiated against the sons. In January or February, 1981 Piar Singh disappeared from the village and he could not be traced in spite of enquiries made by the Village Panchayat and the other residents of the village. On 22.5.1981 at about 8 P.M. Balbir Singh went to Kishan Singh who was working as a labourer at the Brick Kiln and there Balbir Singh appellant made an extra judicial confession before Kishan Singh P.W. that four months back in the hope of getting property, he along with his brothers, Mehnga Singh, Bidhi Singh and Balbir Singh hatched conspiracy to finish their father. He brought a bottle of liquor from the liquor vend and all four of them went to the tubewell where their father used to stay. First of all they served him with liquor and thereafter Mehnga Singh strangulated him with his both hands, while Bidhi Singh caught him by his legs whereas Dalbir Singh and Balbir Singh (present appellant) caught hold of his arms and he breathed his last. Thereafter, they all kept on wandering hither and thither. Kishan Singh accompanied by Jagdish Mittar Sarpanch of the village went to the Police Station and lodged the first information report on 23. 5. 1981.

(3.) After the arrest of Mehnga Singh, Bidhi Singh and Dalbir Singh accused, they were tried by Sh. S.K. Jam, Sessions Judge, Hoshiarpur, who vide his order dated 26.10.1981 acquitted them while proceedings under Section 299 Cr. P.C. were taken against Balbir Singh appellant.