KABAL SINGH & ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kabal Singh alias Happy son of Anokh Singh and Gurbax Singh alias Pujari son of Mukhtiar Singh have come up in appeal against the judgment of the learned Sessions Judge, Amritsar vide which they were convicted and sentenced to undergo rigorous imprisonment for life for having committed an offence under Sec. 302 read with Sec. 34 Indian Penal Code, respectively. A fine of Rs. 1,000.00 each was also imposed upon them and in default of which they were directed to undergo imprisonment for another six months each.

(2.) The case was registered against both the accused-appellants vide FIR No. 169 dated 2.11.1998 under Sec. 302 read with Sec. 34 Indian Penal Code with Police Station Bhikhiwind. They are alleged to have caused the death of Gurdip Singh aged about 14/15 years on the fateful day i.e. 2.11.1998.

(3.) Gurdip Singh alias Sona son of Charinj was the eldest son of his father and was employed as a Siri with Dilraj Singh alias Laddi resident of village Sugga for the last about one year. He along with his father was standing at the tubewell of one Harbans Singh resident of Bhure from where the water was being taken to the field of Dilraj Singh. Kabal Singh son of Anokh Singh was an earlier resident of village Sugga and was well known to the deceased and his father. The other was Pujari resident of Dhun Dhai Wala. They reached the spot where the deceased and his father were standing in connection with the watering of the fields. Kabal Singh was armed with Khanjar (dagger) and Gurbax Singh alias Pujari was empty handed. They demanded an utensil from Gurdip Singh for drinking water. Gurdip Singh told them that there was no utensil and that they should drink the water themselves. Infuriated at this reply, Gurbax Singh alias Pujari caught hold of Gurdip Singh and started beating him. Gurdip Singh managed to rescue himself from the clutches of Gurbax Singh and tried to run away from the spot towards the kacha path leading from village Sugga to village Bhure. Both the accused persons chased him and Gurdip Singh was caught hold of by them. Gurbax Singh put his Parna around the neck of Gurdip Singh and threw him on the ground and raised a Lalkara asking Kabal Singh to teach him a lesson for not providing them with water to drink. Kabal Singh then gave blows with his Khanjar on the left side of the chest, forehead and neck of deceased Gurdip Singh. Chiranj raised hue and cry which attracted Sarpanch Sarpreet Singh to the spot. He was working in the nearby field. Gurdip Singh succumbed to his injuries there and then the accused fled away along with their weapon while still raising Lalkaras. The occurrence took place at 5.00 p.m. on 2.11.1998.