JAGIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGIR Singh son of Ajit Singh, Chhinder Singh son of Ganga Singh, Balwinder Singh alias Pinder son of Mohan Singh and Kulwant Singh son of Balkar Singh (Appellants), all residents of Village Khapar Kheri, Tehsil and District Amritsar, have filed this appeal against he impugned judgment of conviction and sentence order, both dated March 30, 1999, passed by Sh. Surjit Singh, the then Additional Sessions Judge, Amritsar, in case F.I.R. 183 dated October 10, 1997, under Sections 302 and 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the Code') registered at Police Station Sadar, Amritsar, vide which they were convicted under Section 302 of the Code, on four counts, for committing the murders of Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur and under Section 323 of the Code for causing injuries to P.W. Jaskaran Singh and each of them was sentenced to undergo Imprisonment for life and to pay fine of Rs. 1,000/ - and in default of payment of fine to undergo further R.I. for six months under Section 302 of the Code and to undergo R.I. for six months under Section 323 of the Code. The sentences were ordered to run concurrently.

(2.) THREE co -accused, who were tried along with the Appellants, namely, Jaspal Singh alias Maddi son of Bachan Singh, Didar Singh son of Bakhshish Singh and Chhinder Singh son of Dessa Singh, all residents of Village Khapar Kheri, Tehsil and District Amritsar, were acquitted of the charges framed against them under Sections 148, 302 and 307 of the Code.

(3.) THE facts of the prosecution case are that marriage of Satbir Singh son of P.W. Shamsher Singh was celebrated at Village Chhidan and P.W. Jagir Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur came to attend the same. After the marriage, P.W. Jagir Kaur remained at the house of P.W. Shamsher Singh while Tarlok Singh, Harpal Singh and Narinder Kaur returned to Village Thande. On October 10, 1997, P.W. Shamsher Singh went to Village Thande to leave his sister P.W. Jagir Kaur at her house. They reached there at about 8.30 A.M. They knocked at the door of the house. Nobody responded. P.W. Shamsher Singh then scaled over the wall of the Courtyard and entered the house. He opened the door and saw that Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur were lying murdered there. Charan Kaur (deceased) was the mother -in -law of P.W. Jagir Kaur. Tarlok Singh (deceased) was husband of P.W. Jagir Kaur. Harpal Singh (deceased) was son of P.W. Jagir Kaur. Narinder Kaur (deceased) was the wife of Harpal Singh (deceased). Two children of Harpal Singh (deceased), namely, Jaskaran Singh and Gursharan Kaur, then aged about 5 years and 2 -1/2 years, respectively, were sitting by the side of the cot in a perturbed condition. Jaskaran Singh had injuries on his neck. Some unknown persons had murdered Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur on the night intervening 9th/10th October, 1997. P.W. Shamsher Singh went to lodge report with the police. He met Dalbir Singh, Sub Inspector, at Bus Stand Fatehpur. His statement (Exhibit P.M.) was recorded. Endorsement (Exhibit P.M. /1) was made and this case was got registered. Exhibit P.M/2 is copy of the F.I.R.