KRISHAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Barnala, dated 23rd of July, 1993, whereby, Krishan Ram appellant was convicted under Section 302 of the Indian Penal Code and Madan Ram appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code. Each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 In default of payment of fine each of them was sentenced to undergo further rigorous imprisonment for one year. Their father and co-accused Sarup Ram was, however, acquitted.

(2.) In brief facts of the prosecution case as emerge from the first information report lodged by Gurdev Singh real brother of Surjit deceased, and, an eye-witness in this case, are, that on 27-8-1992 at about 7 a.m., he had just come out of the village Gurdwara along with Joginder Singh and Jagjit Singh. When all of them came out side the gate of Gurdwara, they saw Surjit Singh deceased brother of Gurdev Singh PW coming from the side of the village pond with his buffaloes. At that time Krishan Ram armed with a Kassia, his brother Madan Ram armed with Gandasa and their father Sarup Ram armed with a Soti came there. Sarup Ram accused raised a lalkara exhorting his other co-accused not to allow Surjit Singh to escape. Immediately thereafter Madan Ram accused caught hold of Surjit Singh in his grip, where as, Krishan Ram accused gave a blow with a Kassia on the head of Surjit Singh, who fell down on the ground. Gurdev Singh, Joginder Singh PWs and Jagjit Singh raised alarm hearing which all the accused ran away from the spot along with their respective weapons. Surjit Singh, died at the spot on account of the injuries received by him. Motive for the crime, according to the prosecution is that about 4/5 days prior to the present occurrence Sarup Ram accused whose land adjoins the land of Surjit Singh deceased had thrown weeds from his cotton fields towards the field of Surjit Singh deceased who protested against the action of the accused. Both of them quarreled with each other on that account.

(3.) Leaving Joginder Singh PW and Jagjit Singh to guard the dead body of Surjit Singh, Gurdev Singh PW left for the police station to lodge the report. On the way near the canal bridge in the area of village Daraka Patti, Gurdev Singh PW met ASI Sardara Singh and made his statement Ex. PF at 9.30 a.m. and, on its basis formal first information report was subsequently registered at the police station at 10.05 a.m. on the same day. ASI Sardara Singh then went to the spot, prepared inquest report, and, sent their dead body for post-mortem examination. He then lifted blood stained earth from near the spot which was duly sealed in a parcel and taken possession through seizure memo. He recorded the statement of the PWs. Inspector Bharpur Singh subsequently reached the spot and took over the investigation. He verified the investigation already carried out by ASI Sardara Singh and searched for the accused. After arrest of the accused and completion of the investigation, all the three accused including the present appellants were challaned, committed, tried and the two appellants were convicted and sentenced as stated earlier, and Sarup Singh accused was acquitted, by the trail Court.