SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, we will be deciding Criminal Appeal No. 3-DB of 2002, Criminal Appeal No. 9-DB of 2002, Criminal Appeal No. 89-DB of 2002 and Criminal Revision No. 1417 of 2002, as they arise out of the same judgment/order dated 6.12.2001 of the Additional Sessions Judge, Gurdaspur, whereby he convicted appellants Surjit Singh alias Bagga, Surjit Singh alias Dhanna, Lakhwinder Singh alias Lakha and Daljit Singh alias Dulla Under Section 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default, to further undergo rigorous imprisonment for one year. Appellant harinderjit Singh alias Bittu was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default, to further undergo rigorous imprisonment for one year. Further, appellants Surjit Singh alias Bagga, Harinderjit Sing alias Bittu, Surjit Singh alias Dhanna, Lakhwinder Singh alias Lakha and Daljit Singh alias Dulla were convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each. Appellants Surjit Singh alias Bagga, Harinderjit Singh @ Bittu, Surjit Singh alias Dhanna, Lakhwinder Singh alias Lakha and Daljit Singh alias Dulia were convicted under Section 450 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 1,000/- each and in default, to further undergo rigorous imprisonment for one year each.

(2.) Criminal Appeal No. 89-DB of 2002 qua appellant Lakhwinder Singh alias Lakha son of Bachan Singh has abated, as the learned counsel appearing for Lakhwinder Singh has stated that Lakhwinder Singh has died, during the pendency of the appeal.

(3.) Story of the prosecution is unfolded by the statement Ex. PH of Rattan Singh son of Thoru Ram given to Swaran Singh, SI/SHO of Police Station Kahnuwan on 21.2.1997 at 8.35 PM. in the area of village Bed Rattan Singh stated that he is a resident of village Ben and does domestic work. He has two brothers. Both his brother Mohan Singh and Sohan Singh and his father are working in the Sabzi Mandi (vegetable market), Pathankot. He along with his mother Harbans Kaur resides in village Beri. He had discontinued his studies about two years back and had studied till 6th class. On 21.2.1997 at about 5.00 P.M., he had gone to the school ground as usual to play Guli Danda which is at a distance of about 1/1-1/2 killas from his house. When he came back at about 6.00 P.M. he saw the dead body of his mother Harbans Kaur smeared with blood, which was lying in the Courtyard of his house. He went to the roof of his house and raised an alarm. On hearing his voice, people of the village came to his house. After leaving his Chacha (uncle) Swaran Singh to guard the dead-body of his mother, complainant proceeded to police post, Tugalwala. On the way, he met Swaran Singh, SI/SHO of Police Station Kahnuwan. He further stated that some unknown persons had killed his mother. Or the basis of his statement, Ex. PH, FIR, Ex. PH/2 was recorded on 21.2.1997 at 9 30 P.M. Special Report reached the Judicial Magistrate I Class on 21.2.1907 at 11.20 P.M.