AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARBANS Singh son of Baru Singh, resident of Village Khokhar having been murdered on 4.8.1993 at about 8.00 p.m., appellant Amarjit Singh and one more, Mukand Singh, were sent up for trial by Police Station, Balianwali, on the basis of FIR No. 24, recorded under Section 302 read with Section 34 IPC on 5.8.1993 at 6.05 a.m. The trial Court acquitted Mukand Singh, holding that charge framed against him under Section 302 IPC read with Section 34 IPC had not been established. The appellant was, however, convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for two years. Fine, if recovered, was to be paid to the heirs of the deceased.

(2.) THE prosecution case is that the complainant had four more brothers, out of whom Chhota Singh died about 8-9 years prior to the occurrence. The remaining four brothers had been living separate from each other. Out of them, Harbans Singh deceased and Sukhdev Singh were sharing a common house which was adjacent to the house of the complainant, Gurdev Singh. About two months prior to the occurrence, Sukhdev Singh sold his share in the house to Amarjit Singh-appellant and shifted his residence outside the village. On 4.8.1993, at about 8.00 p.m. the complainant along with his wife and children were present on the roof of their house. They were lying on cots and talking to each other, after having taken their meals. Chhinder Kaur, wife of Harbans Singh deceased, was away to her parents' home at Village Balianwali, for the last about one and a half month. An electric bulb was on in the court-yard of the house of Harbans Singh deceased and Amarjit Singh appellant. Both of them along with Mukand Singh were taking liquor in the court-yard of the house. After about half an hour, the complainant and his family heard sounds of loud voices coming from the house of the deceased. He and his wife Balbir Kaur peeped over the wall and saw that the appellant was enquiring from the deceased as to why he was not bringing his maternal-uncle's daughter, Chhinder Kaur. The deceased replied that he was not going to rehabilitate her. On this, there was exchange of hot words between them. Meanwhile Mukand Singh also abused the deceased and enquired as to why he was not rehabilitating his wife. He took the deceased in his grip and made him fall on the ground. The appellant gave 3-4 consecutive blows with a small axe (takua) on the front side of the neck (larynx) of the deceased. The complainant and his wife raised alarm "mar-ta mar-ta" (killed- killed) whereupon the appellant and Mukand Singh fled away from the spot along with the small axe. By the time the complainant and his wife reached there, the deceased had already expired due to the injuries inflicted on him. The complainant called his brother Sukhdev Singh to the spot and also informed Surjit Singh Sarpanch and Jasmeet Singh member panchayat about the incident. He did not go to police station at night time, due to the deteriorating law and order situation. In the morning, he along with Surjit Singh Sarpanch left for the police station for reporting the matter, leaving his brother Sukhdev Singh and Chowkidar of the village Munshi Singh to guard the dead-body of his brother, and got the case registered.

(3.) ON completion of investigation, police challaned the appellant and also Mukand Singh.