BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhola Singh, aged 18 years, his brother Jagga Singh, aged 32 years, Kaila Singh son of Kishan Singh, aged 20 years and Jaggar Singh son of Jit Singh aged 62 years, were tried under S. 302/307 read S. 120-B of the IPC for committing the murder of Ram Singh and for attempting to commit the murder of Harbans Singh in furtherance of their common intention. Both Bhola Singh and Kaila Singh were convicted under S. 302 of the IPC and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500.00. In default of payment of fine each one of them was ordered to undergo further rigorous imprisonment for two months. Both Bhola Singh and Kaila Singh were further convicted under S. 324 of the IPC and each of them was sentenced to undergo rigorous imprisonment for six months. The substantive sentences of imprisonment were ordered to run concerrently. Jagga Singh and Jaggar Singh accused were, however, acquitted vide order of Additional Sessions Judge, Bathinda dated 28/01/1992. Aggrieved against the order of conviction and sentence passed against them by the learned trial Court, both Bhola Singh and Kaila Singh have filed the present appeal.

(2.) In brief facts of the prosecution case as emerge from the first information report lodged by Maghar Singh, first informant, an eye-witness and brother Ram Singh deceased are that he and Ram Singh were married in village Jajjal. On 24-9-1989, Harbans Singh, their father-in-law's brother's son came to their house to purchase he-goat for offering at the Majaar of Peer of Malerkotla. At about 7-30 p.m. Maghar Singh, Ram Singh (deceased) and Harbans Singh PW went to abadi of Harijans in search of he goat and also for engaging labour. While they were returning back to their home, Ram Singh and Harbans Singh were going ahead of Maghar Singh PW who was following them at a distance of few paces. As they reached ahead of the water tap of Bir Singh, Bhola Singh and Jagga Singh accused armed with Gandasas Kaila Singh accused armed with Gandhali came there and raised lalkaras that they would teach a lesson to Ram Singh for quarrelling with Bhola Singh at the time when the drama was stated in their village a few days earlier. Bhola Singh accused opened the attack and gave a Gandasa blow to Ram Singh on his head. Jagga Singh gave a Gandasa blow on the back of the head of Harbans Singh. Both Ram Singh and Harbans Singh fell down on receipt of the said injuries. Thereafter Bhola Singh gave a second blow on the fore-head of Ram Singh, whereas, Jagga Singh gave two Gandasa blows on the head of Harbans Singh, one from the sharp and the other from blunt side. Kaila Singh gave a Gandhali blow on the fore-head of Ram Singh. Thereafter the accused inflicted more injuries to the complainant party. Maghar Singh complainant then ran towards his house to bring more persons to rescue Harbans Singh and Ram Singh from the clutches of the accused. When he returned to the spot after some time along with Boota Singh and Hari Singh, all the accused had fled away from the spot along with their respective weapons. Ram Singh died at the spot due to receipt of as many as 17 injuries. Hari Singh stayed behind at the spot whereas Maghar Singh and Boota Singh took Harbans Singh injured to Talwandi Sabo in the tractor trolley of Darshan Singh took Habans Singh to Talwandi Sabo hospital where he was medically examined at 10-20 p.m. on the next morning of the occurrence. Maghar Singh and Boota Singh went to the police Station Talwandi Sabo where Maghar Singh PW lodged the first information report. It was mentioned in the first information report that three days prior to the present occurrence Bhola Singh accused and Ram Singh deceased had a quarrel with each other while drama was staged in their village.

(3.) Out of that grudge the accused committed the murder of Ram Singh and caused injuries to Harbans Singh. All the accused were arrested on 14-10-1989 and alleged weapons of offence were, recovered from their possession. After completion of the investigation, Bhola Singh and Kaila Singh were tried, convicted and sentenced as stated earlier, whereas, Jagga Singh and Jaggar Singh accused were acquitted by the learned trial Court.