BUTA SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No. 351-DB of 1997 Buta Singh and another Vs. State of Punjab is directed against the judgment dated 20.3.1997 vide which the learned Sessions Judge, Bathinda, convicted Buta Singh and Tek Singh appellants under Sec. 302 read with Sec. 34 Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000.00. In default of payment of fine, the defaulter was to further undergo rigorous imprisonment for two years. Criminal Revision No 577 of 1997 Kando Vs. Buta Singh and another , is for enhancement of sentence and also for grant of compensation to Kando.

(2.) The case pertains to the murder of Makhan Singh. Buta Singh appellant is his brother and the other appellant, Tek Singh, is a relation of Buta Singh.

(3.) Lambardar Dalip Singh (resident of Village Gobindpura) owned eight acres of land. He had four children viz. Makhan Singh deceased, Buta Singh appellant and two daughters, Kando (PW5) and Basso. He had been putting up with Makhan Singh who was a bachelor. Kando and Basso were married. Kando who was married at Village Tarkhanwala, had come to see him (Dalip Singh). On 7.10 1995, at about 4.00 p.m., Jarnail Singh complainant who had cordial relations with Makhan Singh since childhood and who often used to came to his place, came to meet him. Since Makhan Singh was not present there, he inquired about him from Kando who was present there. She told him that Makhan Singh was away to Bathinda and was about to reach back. He, therefore, sat on a cot, near the entrance of the house and started discussing household matters with her. Meanwhile, Makhan Singh reached there, on scooter. He had hardly stopped the scooter that Buta Singh appellant emerged from his adjoining house, along with Tek Singh appellant, and exhorted "catch hold of him. He should not escape. Today, we would give him land after partition". Thereafter, he and Tek Singh appellant caught hold of Makhan Singh and took him near the wall of Jeet Singh's Bara. Both of them picked up one brick each from over the wail of the Bara. Buta Singh hit him with a brick on the back side of his head while Tek Singh gave brick blow near his right ear. He fell on ground, on receipt of blows. Thereupon, both the appellants gave brick blows on both sides and the centre of his head and also on face. Jarnail Singh and Kando made noise "mar- ta, mar-ta" (killed- killed), whereupon the appellants fled away from there, after throwing the bricks. When Jarnail Singh and Kando reached near Makhan Singh, he had already succumbed to his injuries. Jarnail Singh left Kando and Nek Singh Chowkidar near the dead-body, and himself went to inform Sarpanch Sat Pal Singh, at his house. After taking along Sat Pal Singh, he proceeded towards the police station, but Sucha Singh ASI/SHO, Police Station, Cantt Bathinda, met him on the way and recorded his statement, Ex. PF, wherein besides the details of occurrence, he also mentioned that Makhan Singh (deceased) was a bachelor and Buta Singh appellant killed him in order to take possession of his share of land, also. The case against the appellants was registered vide formal FIR, Ex. PF/2, on the same day at 6.30 pm.