SUKHWINDER SINGH @ SUKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhwinder Singh alias Sukha was tried by the learned Sessions Judge, Patiala for the murder of Pankaj Kumar who was stabbed at 7 PM on December 20, 1995 while he and his father were returning home from their shop at Jakhal road, Patran. The learned Sessions Judge found Sukhwinder Singh guilty of the murder and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of line to further undergo rigorous imprisonment for three months. The judgment of conviction and sentence was pronounced on May 14, 1997 against which Sukhwinder Singh has come up in appeal.

(2.) According to the prosecution, on December 19, 1995 Sukhwinder Singh had protested to Baldev Raj (PW-4) about the misconduct of his son Pankaj Kumar deceased by passing in front of his house along with his friends and staring at Sukhwinder Singh's sister. Baldev Raj (PW-4) and Dwarka Dass (PW-5) promised Sukhwinder Singh that they would advise the deceased not to do so and not to at all go towards Sukhwinder Singh's house. During this exchange Sukhwinder Singh had also threatened that if they did not advise Pankaj Kumar in the above manner, the result would be bad.

(3.) On December 20, 1995 at 7 PM Baldev Raj (PW-4) and his son Pankaj Kumar deceased were on their way home after closing their shop. They met Dwarka Dass (PW-5) near the Oriental Bank and they all started talking to each other. In the meantime, Sukhwinder Singh came there and joined them in conversation. After some time he took the deceased towards a nearby Bank. Baldev Raj and Dwarka Dass suspected that Sukhwinder Singh may start fighting with Pankaj Kumar. They also followed the two of them. When Sukhwinder Singh and Pankaj Kumar reached near the Patwarkhana Surinder Kumar also reached there having come from the opposite side. Sukhwinder Singh began to grapple with Pankaj Kumar in the presence of Baldev Raj (PW-4), Dwarka Dass (PW-5) and the above mentioned Surinder Kumar. Sukhwinder Singh took out a khanjar (dagger) and stabbed Pankaj Kumar in his abdomen. Pankaj Kumar fell down and Sukhwinder Singh inflicted another stab with his dagger on Pankaj Kumar's back. When alarm was raised, Sukhwinder Singh escaped with his dagger. The occurrence was witnessed by the above mentioned witnesses in the light of a mercury lamp installed at the old Patwarkhana.