JASWINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl.Appeal -D No. 3 -DB of 2010 filed by Jaswinder Singh and Crl.Appeal -D No. 597 -DB of 2010 filed by Baljit Singh @ Billa and Mohinder Kumar are taken up together for hearing as both the appeals emanate from judgment and order dated 11.12.2009 passed by learned Sessions Judge, Faridkot whereby all the appellants have been convicted for the offences punishable under Ss. 302/379/201 read with Sec. 34 IPC and sentenced to undergo imprisonment for life, besides, pay a fine of Rs. 5,000/ - each and in default thereof, to further undergo rigorous imprisonment for one year for offence punishable under Ss. 302/34 IPC, to undergo rigorous imprisonment for two years each for offence punishable under Ss. 379/34 IPC and to undergo rigorous imprisonment for two years each, besides, pay a fine of Rs. 1,000/ - each and in default thereof, to further undergo rigorous imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) It is informed that appellant Baljit Singh @ Billa in Crl.Appeal -D No. 597 -DB of 2010 has since passed away on 07.10.2013 due to a heart attack when on parole. This fact is verified by learned counsel for the State. Therefore, in terms of Sec. 394 Cr.P.C. abovesaid appeal stands abated qua Baljit Singh @ Billa and survives only qua Mohinder Kumar son of Sahi Ram.

(3.) Prosecution was set in motion on the statement Ex.PE, made by PW4 Sukhchain Singh son of Gurdial Singh (deceased). Sukhchain Singh PW4 revealed that he alongwith his younger brothers Jaspal Singh and Gurpal Singh engaged in the work of labour. His father Gurdial Singh (deceased) had been working as a Siri (agricultural labourer) for one year with Harsangeet Singh, resident of Faridkot who is an official in the office of Deputy Commissioner, Faridkot having land in village Nawan Quila. Gurdial Singh used to live on the said land and occasionally came home. Harsangeet Singh had purchased the said land from accused Jaswinder Singh @ Chhinder who had shifted to Rajasthan. Harsangeet Singh had employed son of Dara Singh to prepare meals in the fields. This boy of Dara Singh had left the said work a few days ago. Therefore complainant, Sukhchain Singh had been living on the fields with his father for 3 -4 days as the boy who used to prepare the meals had left the work. Sukhchain Singh came home from the fields on 17.09.2003. Sukhchain Singh was present in his house on 18.09.2003 alongwith other family members when at about 7.00 a.m. Saghar Singh son of Mohinder Singh alongwith Mahna Singh, Sarpanch of the village arrived and informed that the dead body of his father was lying on the pavement of the canal minor near the fields. It seemed that he was killed by causing injuries on his head. Sukhchain Singh alongwith his brother Jaspal Singh, Saghar Singh, Sarpanch Mahna Singh alongwith some other persons of the village reached the spot. They found the dead body of Gurdial Singh lying there with injuries on the head, forehead, thighs and stomach. His body was smeared with blood. Sukhchain Singh stated that his father Gurdial Singh had been murdered on the preceding night by unknown persons by causing injuries. A stick stained with blood and another stick as well as one slipper of his father and a match box were lying near the dead body. On the basis of this statement, formal FIR Ex.PE/2 was registered.