PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the aforementioned appeals are being disposed of by one judgment as each of the appellants is challenging the judgment and order dated 27.7.2002 passed by the Additional Sessions Judge, Hoshiarpur, whereby they were convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of one year.

(2.) The case of the prosecution, in nutshell, is that Amrinder Singh @ Raja, aged about 24 years and resident of Ward No.6, Garhshankar, was having illicit relations with Balbir Kaur @ Manjit Kaur appellant, who was resident of village Sona, District Nawanshahr. Surinder Pal Singh and Surjit Kaur, the parents of Amrinder Singh @ Raja used to prevent him from doing so. At this, Amrinder Singh @ Raja left the house of her parents and started residing with Balbir Kaur @ Manjit Kaur, first at village Dadial, thereafter, at Saila Khurd and finally at village Darapur. About six months before his murder, he was living with Balbir Kaur @ Manjit Kaur at village Denowal Khurd by constructing a house. The parents of Amrinder Singh @ Raja prevented him from residing with Balbir Kaur @ Manjit Kaur but the latter restrained him from coming to their house. So much so, Balbir Kaur @ Manjit Kaur filed a case against the parents of Amrinder Singh @ Raja.

(3.) Further case of the prosecution is that the plot underneath the house, which was constructed by Amrinder Singh @ Raja, was in the name of Balbir Kaur @ Manjit Kaur, who sold the house about 15/20 days ago and on that account, a dispute arose between Balbir Kaur @ Manjit Kaur and Amrinder Singh @ Raja. From that day onwards, Amrinder Singh @ Raja started residing with his parents, while Balbir Kaur @ Manjit Kaur started living in the house of Pal Singh, who was a Panch of village Denowal Khurd. On 7.2.2000, in the evening, Balbir Kaur @ Manjit Kaur called Amrinder Singh @ Raja to village Denowal Khurd by making a telephone call saying that the dispute regarding the sale price of the house was to be settled. Amrinder Singh @ Raja went to village Denowal Khurd on bicycle but did not return. At about 9.00 p.m., the father and mother of Amrinder Singh @ Raja went to the house of Pal Singh appellant in village Denowal Khurd, where they found Balbir Kaur @ Manjit Kaur and Pal Singh arguing with Amrinder Singh @ Raja, who was saying that he had spent money for constructing the house and, accordingly, demanding that money from them. Balbir Kaur @ Manjit Kaur and Pal Singh told him that they would settle the account in the morning. The parents of Amrinder Singh @ Raja asked him to accompany them but Balbir Kaur @ Manjit Kaur and Pal Singh prevented Amrinder Singh @ Raja from going with them and asked him to stay there so that they could settle the accounts and he could go back in the morning.