DALBIR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DALBIR Singh and Jasbir Singh, the appellants herein, were tried under Sections 302 and 302 read with Section 34, respectively, of the Indian Penal Code, 1860 (for short, 'the IPC') and vide judgment/order dated October 22, 2002 passed by learned Sessions Judge, Fatehgarh Sahib, have been convicted and sentenced as under:

(2.) CHRONICLE of events culminating into the instant appeal reveals that Rajpal Singh (PW6) (here -in -after referred to as 'the complainant') was a tenant in respect of a room in the house of Paramjit Singh (PW9) situated in Dalip Nagar, Gobindgarh. In the adjoining room Rampal Singh (the deceased) was also a tenant. At or around 09.30 p.m. on January 05, 1998, the complainant, on his return from work, found that appellant Dalbir Singh and the deceased were present in the room of the deceased. At or around 11.00 p.m. on that very day, on hearing the noise from deceased's room, complainant rushed to his room and found that light in the room was on; deceased was lying on the bed and appellant Jasbir Singh was throttling his neck. He asked the appellants what they were doing. Upon this appellant Dalbir Singh took out, from right hand side pocket of his pants, a knife (Exhibit MO/1) and inflicted knife blows on the abdomen and left side of chest of the deceased. Both the appellants, who were known to the complainant, left the deceased bleeding and chased the complainant saying that the deceased had been taught a lesson for having illicit relations with Amarjit Kaur wife of appellant Jasbir Singh and now it was his (complainant's) turn. Out of fear he rushed inside his room and bolted the door from inside. The appellants bolted the door of complainant's room from outside and ran away. At or around 08.30 a.m. on January 06, 1998, Girvar Singh (PW8), a relative of the complainant, on hearing the alarm, opened the door of complainant's room. Leaving Shiv Dutt, another relative, to guard the dead body of the deceased, complainant, accompanied by Girvar (PW8) set out for the police station but near the Bus Stand of Mandi Gobindgarh came across Sub Inspector Gurchain Singh (PW11) and suffered before him statement, Exhibit P6, based whereupon a formal First Information Report ('FIR', for short), Exhibit P2/A, was recorded by Moharrir Head Constable Sukhbir Singh.

(3.) ON committal of the case, learned Sessions Judge afforded a hearing to the prosecutor and the defence, found a prima facie case punishable under Section 302, IPC, to be made out against appellant Dalbir Singh and under Section 302 read with Section 34, IPC, against appellant Jasbir Singh and charged them accordingly. Appellants refused to plead guilty and claimed to be tried.