BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant stands convicted by the trial court under Sections 302 and 459 IPC and the sentence awarded to him is as under: -

(2.) THE prosecution case as disclosed in the statement of Raghbir Singh (complainant) which forms basis of the FIR, Ex.PG, is that he along with his three brothers, including Gurmail Singh (deceased), had been residing in their house, located in the fields, outside the boundary of Village Khurana. Gurmail Singh had employed the appellant, Balbir Singh @ Beera (to be referred as Balbir Singh), as a servant, in the month of' Harh'. The appellant was in the habit of talking liquor, and Gurmail Singh used to object -toit. About 1 -1/2 month prior to the occurrence, the tubewell -motor of Gurmail Singh got burnt as water leaked therein, due to the carelessness of the appellant when he was under the influence of liquor. Gurmail Singh gave him scolding, whereupon, he left his employment. After few days thereof, he asked the Sarpanch of the village, Piare Lal, to get his accounts settled with Gurmail Singh. Piare Lai talked to Gurmail Singh, in the matter. At the asking of Gurmail Singh the accounts were ultimately settled by Madan Pandit, Nand Pandit, and Hardam on 24.10.1991. After doing the needful, all of them went to the house of Gurmail Singh, at 11.00 a.m. where he gave three bags of paddy to the appellant, in pursuance of the settlement arrived at. Thereafter, all of them, including the appellant and the deceased (Gurmail Singh), left the house, at about 12.30 p.m., after taking tea there, In the evening, at about 5.00 p.m., Raghbir Singh complainant's son Jagdev Singh @ Jangli, and Madan Pandit brought Gurmail Singh to his house, in a drunken condition, and laid him on a cot, in the 'baithak' (drawing room). Gurmail Singh's wife Mohinder Kaur, and brother Raghbir Singh were present at the time. At about 8.30 p.m. when both of them were sitting in front of the baithak and were talking to each other. me the appellant came, went inside the baithak, and caused injuries on the left side of head, neck and chest of Gurmail Singh, with a spade. On seeing this, they made roula "Bachao -Bachao", whereupon Jeet Singh (another brother of Gurmail Singh) come running, and shouted that the appellant should not be allowed to escape. The appellant gave spade -blows on Gurmail Singh's both legs also, and fled away, after wielding the spade towards Mohinder Kaur etc. He even took out cash from the pocket of Gurmail Singh. The latter died at the spot. After instructing Jeet Singh to guard the dead -body. Raghbir Singh went to Village Khurana and brought Bachan Singh Panch, Jeet Singh Panch, Hardial Singh, and some other respectables of the village from there, after informing them about the occurrence. Thereafter, he was go the police station, along with Bachan Singh, and reported the matter to the police, whereupon Inspector Barjinder Singh and other police officials accompanied them to the spot. The Inspector inspected the spot, lifted blood from there, and took it into possession, along with the bloodstained bed sheet, vide memos, Exs.PH and PJ respectively, after converting those into two sealed parcels. The cot on which the body was lying was also taken into possession vide memo, Ex.PK. Inquest report of the dead body (Ex.PE) and the site plan (Ex.PL) of the place of occurrence were prepared Post -mortem of the body was got conducted from Civil Hospital, Sangrur, and clothes of the deceased were taken into possession vide memo, Ex.PM.

(3.) ON completion of investigation, the appellant was challaned.