BANNI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is preferred by Banni Singh son of Ram Sarup and Preetu son of Tara Chand against the judgment of conviction and order of sentence dated 06.11.2003 passed by the Additional Sessions Judge, Jalandhar, whereby appellant Banni Singh was convicted for an offence punishable under Section 302 IPC, whereas appellant Preetu was convicted for an offence punishable under Section 302 read with Section 34 IPC. However, both the appellants were sentenced to undergo life imprisonment and to pay a fine of Rs.5000/ - each and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) THE prosecution case was set in motion on the statement of Madan Lal son of Babu Ram and brother of the deceased, made to SI/SHO Sakattar Singh, P.S.Shahkot on 09.02.2001, who reached at the spot. In his statement (Ex.PH), Madan Lal, who retired as Inspector from Cooperative Department, stated that they are seven brothers and that all are married and reside separately. His elder brother Dass Ram, aged about 65/66 years, who used to do labour work, has five sons and two daughters. All of them are married. His brother used to take liquor occasionally. He stated that on 09.02.2001 at about 4.00 PM, when he came back to village and reached in front of Gurdwara of village after doing his domestic work from village Bhullar on bicycle, he saw that Banni Singh son of Ram Sarup and Preetu son of Tara Chand, who were also labourers and sometime doing the work of selling illicit liquor, were grappling with his brother Dass Ram in front of his house, whereas Balbir Singh son of Harbans Singh was restraining them. In the meanwhile, Banni Singh and his nephew Preetu made his brother Dass Ram to fall on the ground and Preetu caught hold of his both arms, whereas Banni Singh twisted his testicles. Thereafter, Banni Singh and Preetu after dragging Dass Ram from in front of his house brought him near pipes lying in the corner of Gurdwara. After throwing Dass Ram there, both of them ran away from the spot while saying that they have taught a lesson to Dass Ram, as he was defaming them without any reason regarding their selling of illicit liquor. He further stated that he and Balbir Singh asked Dass Ram that what had happened on which he told that he earlier used to take liquor from Banni Singh and Preetu and today also came to take liquor from them. He further stated that while saying so, Dass Ram died. Thereafter, Balbir Singh informed Balwinder Singh, Sarpanch of the village, who informed about the occurrence to the police station through telephone. On the basis of such statement, ruqa (Ex.PH/1) was sent to the Police Station for registration of an FIR at about 5.45 PM. On receipt of ruqa, FIR (Ex.PH/2) was recorded by ASI Amrik Singh.

(3.) AFTER completing the inquest proceedings (Ex.PG), the IO sent the dead body of Dass Ram for post mortem examination. He also prepared rough site plan Ex.PO. The post -mortem examination on the dead body of Dass Ram was conducted by PW -5 Dr. Bhupinder Singh, Civil Hospital, Nakodar on 10.02.2001, who found the following injuries: -