HARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 11-1-1997 of Additional Sessions Judge, Patiala, whereby he convicted appellant Harvinder Singh son of Gurdarshan Singh under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/. In default of payment of fine, he was directed to undergo rigorous imprisonment for two months.

(2.) Sat Pal Gir (complainant) made a statement to Assistant Sub-Inspetor Wassan Singh (PW-6) in the area of village Seikhupur that he has two brothers. Bal Kishan is the eldest and Grumukh Singh is the youngest. His mother's parents are residing at village Seikhupura. On 6-11-1994 complainant Sat Pal Gir along with his brother Gurmukh Singh had gone to see their maternal uncle Jagir Puri. When they reached near the Bus Stand of village Devi Garh, Krishan Gir son of Bhajan Gir, who is his Bua's son (father's sister's son) also met them. No bus was available to go to village Seikhupura. Krishan Gir suggested that they should take a three- wheeler of appellant Harvinder Singh son of Gurdarshan Singh, who was standing with his tempo at the bus stand for going to village Seikhupura. Krishan Gir hired the tempo and settled the fair at Rs. 40/-. All three of them left for village Seikhupura on the three-wheeler. At about 7.45 P.M. when they recahed ahead of village Bagran, Krishan Gir said that they had come ahead of the dera. He asked appellant Harvinder Singh to take the tempo back. At this, Harvinder Singh questioned them as to whether they were blind, they should have told him earlier. While turning the tempo, appellant got angry and started grumbling. He stopped the three wheeler and stated

(3.) Formal FIR, Ex. PE/2 was recorded on 6-11-1994 at 10.55 p.m. Special Report reached the Ilaqa Magistrate, Patiala on 7-11-1994 at 2.15 a.m. Distance between Police Station Julka and the house of the Ilaqa Magistrate at Patiala is about 28 Kms.