PAWAN SINGH CHOTTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal as well as Criminal Revision No. 410 of 1993 filed by Major Singh complainant, are directed against the order of Additional Sessions Judge, Barnala, dated 29-1-1993 whereby Pawan Singh appellant was convicted under Section 302 of the Indian Penal Code and Chhota Singh appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code for intentionally committing the murder of Jora Singh in furtherance of their common intention and both of them were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 each. In default of payment of tine each of them was sentenced to undergo rigorous imprisonment for one year. Gurdev Singh and Wakil Singh their co-accused were, however, acquitted by the learned trial Court.

(2.) In brief facts of the prosecution case as emerge from the first information reported lodged by Major Singh PW are that he along with his brother Darshan Singh and their father Jora Singh used to reside together whereas his four elder brothers were residing separately. 18 Killas of land fell to the share of Darshan Singh, Major Singh and Jora Singh in partition which was under their cultivation. On 9-5-1990, at about 5.30 P.M. Darshan Singh PW was driving tractor at some distance from their tube-well. Jora Singh and his son Major Singh PW were mending Khal in their field known as Motorwala. Jora Singh was putting earth on the common Watt adjoining his fields and that of Karnail Singh whereas, Major Singh was mending the Watt with the earth on the other side. Pawan Singh, Chhota Singh appellants their brother Gurdev Singh and Wakil Singh son of Chhota Singh were sowing Narma (American cotton) with the help of tractor. At that time all the aforesaid four accused, who were armed with Kahi, Gandasa and Sotis attacked Jora Singh. Pawan Singh accused gave a Kahi blow from its blunt side on the head of Jora Singh and on receipt of the said injury Jora Singh fell down on the ground. Chhota Singh accused gave a Gandasa blow from its blunt side on the left shoulder of Jora Singh while the latter was lying on the ground. Wakil Singh who was standing near the tractor exhorted his other co-accused to finish Jora Singh. Thereafter Gurdev Singh accused gave soti blows to Jora Singh. Major Singh PW raised alarm 'NA MARO NA MARO' hearing which Darshan Singh PW also reached there after leaving the tractor. Out of fear Major Singh PW stayed where he was. According to him, had he stepped forward he too would have been injured. After arrival of Darshan Singh, he and Major Singh PW came forward to rescue their father. Meanwhile after inflicting injuries to Jora Singh, all the accused ran from the spot along with their respective weapons. Major Singh PW and his brother Darshan Singh witnessed the entire occurrence. After arranging tractor trolley Jora Singh, who was lying unconscious with blood oozing out of his head, was taken to Civil Hospital, Barnala and was got admitted there. From there he was referred to Christian Medical College and Hospital, Ludhiana. Major Singh, Darshan Singh and their cousin Kaur Singh arranged for the car and removed Jora Singh injured to C.M.C. Ludhiana.

(3.) Motive for the crime was that Watt of the complainant party and that of Karnail Singh was common. That Watt got damaged when the complainant party tried to cultivate the land with the help of the tractor and Jora Singh was mending the Khal after the common Watt was damaged and the accused party inflicted injuries to Jora Singh.