BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Baljinder Singh, challenged the conviction and sentence passed by the trial Court under Section 307 of IPC to rigorous imprisonment for a period of 3 years and to pay fine of Rs. 3000/- and in default of payment of fine he would further undergo RI for a period of 6 months, under Section 324 of IPC, rigorous imprisonment for a period of one year and to pay fine of Rs.1000/- in default payment of fine he has to undergo rigorous imprisonment for a period of 4 months. Both the sentences shall run concurrently.

(2.) Brief facts of the case presented by the prosecution are that one Varinder Kaur daughter of Rajinder Singh made a statement to the police on 20.09.2001 that she and her brother Lakhvir Singh are students of 9th standard in Teja Singh School Shimlapuri Ludhiana. On the said date at about 3 p.m both Varinder Kaur and Lakhvir Singh were returning from the school and when they reached near Quality factory, Baljinder Singh @ Ballu son of Mehar Singh came out from the premises of Sharomani Committee. He was carrying a naked sword in his right hand and was also carrying one five litre cane of kerosene oil in his left hand. On reaching there, the said Baljinder Singh made a lalkara to the effect that mother of Varinder Kaur does not allow the matrimonial alliance between Varinder Kaur and Baljinder Singh and for that reason he was going to kill Varinder Kaur. He further stated that he would first kill both Varinder Kaur and her brother Lakhvir Singh and then he would pour kerosene oil upon them and would burn them so that their dead bodies could not be identified. On raising this lalkara he first caused the sword blow to Varinder Kaur which hit on the back side of her head. He also gave another blow to her which hit on the left hand fingers of Varinder Kaur. He also gave a third blow with the sword to Varinder Kaur towards her head but she slightly slipped and the sword hit on her shoulder. Lakhvir Singh brother of Varinder Kaur intervened and the accused also gave him a sword blow which hit on his left arm. During this time Inderjit Singh khalsa reached the spot and brother of the complainant was saved from the third blow. The students of the school also collected there and raised an alarm. Principal Gurbachan Singh of the school also reached there and he informed the police on telephone. The accused then ran away from the spot after leaving the sword and cane there on the spot. The motive behind the incident was that the accused wanted to marry Varinder Kaur but her parents did not yield and the accused wanted to blackmail the complainant on the strength of some letters and photographs of Varinder Kaur which were in his possession.

(3.) Prosecution have examined 8 witnesses and documents Ex. PA to Ex.PJ in support of the prosecution case.