MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted of the charge under Section 302 IPC and was sentenced to suffer imprisonment for life and fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months.

(2.) BRIEFLY stated the prosecution case is as follows :

(3.) IN this Court on behalf of the appellant it was submitted that the appellant had been to Bhim Sain with a view to use his good office to prevail upon the deceased to return Hamiro, the wife of the appellant. On this es, it was submitted that the appellant, therefore, had not contemplated an untoward incident. It was further contended that as such the deceased appeared to have been annoyed on finding that appellant had approached his house with a view to take away Hamiro. On this premises, it was submitted that it stands to reason that the deceased was an aggressor and the appellant was left with no other alternative but to do something to save his life. These submissions of the counsel for the appellant do not appeal if one considers the evidence in totality. Since it was the case of the appellant that Hamir Kaur was his wife and was abducted by the deceased, he had also equally strong grudge against the deceased. The evidence of Head Constable Bhim Sain indicates that at about 6.00 p.m. on the day of incident, the appellant had approached him with a request to intervene in the matter. The evidence of Bhim Sain further indicates that on 10.5.1990, which is about four days prior to the incident, the appellant had been to him with a similar request for intervention to persuade the deceased to return Hamir Kaur. It, therefore, appears clearly that the appellant was also very much perturbed and annoyed on finding that deceased Maghar Singh had taken away Hamir Kaur. In the set of these circumstances, the grappling between the appellant and deceased Maghar Singh ensued when the appellant had been to the house of deceased Maghar Singh with a view to settle the matter regarding the return of Hamir Kaur. The evidence of Bhim Sain indicates that on the day of incident (that is on 14.5.1990), he came to his house at Sangrur after having attended the Court at Barnala. He came home at about 5.30 p.m. or 5.45 p.m. Shortly thereafter appellant Mohinder Singh approached him at about 6.00 p.m. with a request to intervene to settle the matter with the deceased. Bhim Sain agreed to intervene. The appellant appeared to be rather impatient in as much as he proceeded ahead of Bhim Sain, and by the time Bhim Sain proceeded towards the house of deceased, he found the appellant and deceased Maghar Singh grappling with each other and Hamir Kaur shouting for help. Bhim Sain then narrates that he then saw, Mohinder Singh giving knife blows on the person of Maghar Singh. Hamir Kaur fell upon Maghar Singh to save him; and in that effort sustained injuries which were later examined by the doctor, who testified these injuries as follows :-