BALJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants herein are in appeal challenging the judgment of conviction and the order of sentence dated 5.6.2010, whereby the accused, appellants herein, have been ordered to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each and in default of payment of fine, to undergo further imprisonment for a period of one year for an offence punishable under Sec. 302/34 IPC.

(2.) The police of Police Station Tanda had sent the accused -appellants to stand trial under Sec. 302/34 in case FIR No. 31 dated 9.2.2007.

(3.) Briefly narrated, the prosecution case runs to the effect that: the criminal law was into motion by PW2 Baldev Singh @ Deba by making statement Ex. PF to SI Ganga Singh, SHO Police Station Tanda wherein he stated that his brother Sat Pal alias Pala was a labourer and during those days, was doing the work of distribution of free liquor amongst the village folk on behalf of Sangat Singh Giljian, an independent candidate seeking election from Tanda constituency at the rate of Rs. 100/ - per day. Along the pucca phirni of the village, there was the land of accused -appellant Baljit Singh wherein Kamaljit Singh @ Pappa, co -accused and appellant in the connected appeal, was digging a bore with machine for the last about 4 -5 days prior to the date of incident. House of Sat Pal was in close vicinity of the land of the accused -appellant Baljit Singh. On 8.2.2007 at about 8 p.m., Kamaljit Singh came to the house of Sat Pal and demanded and took a bottle of liquor. Again at about 10.30 p.m., Kamaljit Singh came to the house of his brother Sat Pal. The complainant saw Kamaljit Singh and Baljit Singh standing near his brother Sat Pal and were demanding more liquor and after some time they took his brother with them. On the next day, i.e., 9.2.2007 at about 6.00 a.m., he was told by his sister -in -law Kulwinder Kaur, wife of Sat Pal, that Sat Pal did not return home last night. Thereafter, both of them reached the land of Baljit Singh where bore was being dug, in search of Sat Pal at about 7.00 a.m. There they found a Parna (a piece of cloth used to tie on the head) lying ear the cot near the bore machine. They noticed blood lying on the ground near the cot towards pillow side. When they lifted the quilt, they found Sat Pal alias Pala lying there. There were multiple injuries on the head, forehead and face of Sat Pal and blood was oozing out. The brother of the complainant had already died. The complainant was suspicious that his brother Sat Pal had been killed by Baljit Singh and Kamaljit Singh by inflicting injuries on the head, forehead and face due to quarrel over the demand of more liquor. Thereafter, complainant Baldev Singh's brother Sukhwinder Singh and Saranjit Singh, Sarpanch of the village also reached the spot. Baldev Singh complainant left Kulwinder Kaur and Sukhwinder Singh at the spot and proceeded towards the Police Station to report the matter.