KARAM SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Kirpal Singh was convicted under Section 302 IPC while other accused, namely, Karam Singh and Wasakha Singh were convicted under Section 302 with the aid of Section 34 IPC. All of them have jointly challenged the conviction and sentence passed by the trial Court in the present appeal.

(2.) IT is the case of the prosecution that due to the grudge the accused bore against the prosecution party due to the unauthorized entry of the cattle of the prosecution party into the sugarcane field of the accused, all the three accused stood on the road and stopped the scooter of deceased Balkar Singh who was carrying his father PW1 Bakshish Singh as a pillion. Thereafter, accused Wasakha Singh and accused Karam Singh caught hold of deceased Balkar Singh, whereas accused Kirpal Singh delivered kirch blow on the neck of Balkar Singh who died on the way to the hospital.

(3.) PW 1 Bakshish Singh and PW2 Joga Singh son of Amar Singh have spoken in one voice that on 6.6.2007 at about 9.00 p.m. deceased Balkar Singh was taking his father PW1 Bakshish Singh on his scooter. Accused Wasakha Singh, Kirpal Singh and Karam Singh who were standing on the main road stopped the scooter of deceased Balkar Singh. PW2 Joga Singh son of Amar Singh was coming on a scooter behind Balkar Singh. He also stopped the scooter. Accused Wasakha Singh caught hold of the right arm of Balkar Singh, whereas accused Karam Singh caught hold of the left arm of Balkar Singh. Accused Kirpal Singh gave a kirch blow which hit on the neck of Balkar Singh and as a result of which his respiratory pipe was cut. PW2 Joga Singh also witnessed the occurrence. The accused thereafter ran away from the spot. The occurrence was witnessed by PW1 and PW2 in the light of the scooters of deceased Balkar Singh and PW2 Joga Singh. Joga Singh arranged a conveyance and took Balkar Singh to the hospital for treatment, but unfortunately, at the front gate of the hospital, Balkar Singh died. A day earlier thereto, the cattle of PW1 entered into the field of the accused. Therefore, they nursed a grudge as against the deceased. PW1 lodged a complaint and on the basis of which, first information report was t registered.