SARBAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal was filed by Sarban Singh, his brother Sukhdev Singh, their father Mahla Singh and Sarban Singh's son Rajinder Singh @ Raja, residents of Village Sharienwala, to challenge their conviction for the murder of Iqbal Singh of their village by the learned Additional Sessions Judge, Ferozepur, vide judgment dated November 26, 2002. Sarban Singh was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine Rs. 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. The other three appellants were convicted under Section 302 read with Section 34 IPC and also sentenced to imprisonment for life with a fine of Rs. 1000/- each, in default of payment of fine to further undergo rigorous imprisonment for one month each.

(2.) At the out set, it may be pointed out that Mahla Singh-appellant No. 3 has died during the pendency of the appeal. Resultantly, the appeal qua Mahla Singh stands abated.

(3.) The occurrence in this case had taken place on November 17, 1997 at 11 A.M. At that time Balwinder Singh (PW-4) was sowing wheat in his fields. He heard a lalkara from the side of lqbal Singh's fields. Balwinder Singh ran to that side and saw that Sarban Singh, Sukhdev Singh, Raja Singh and Mahla Singh had surrounded Iqbal Singh. At that time, Sarban Singh was armed with a gandasa, whereas other three above named accused were armed with dangs. Iqbal Singh's wife Bharpur Kaur (PW-5) was also attracted to the spot on hearing the commotion. The attack was launched by Sarban Singh who raised a lalkara that he would teach Iqbal Singh a lesson for purchasing the land by outbidding him. Sarban Singh then gave gandasa blow which hit Iqbal Singh on his head. This was followed by Raja Singh, who also gave a dang blow on Sarban Singh's head. Then Sarban Singh again gave a gandasa blow from its sharp edged side, which hit Iqbal Singh on his right arm joint. Thereupon, while Iqbal Singh was lying on the ground, Sukhdev Singh and Mahla Singh inflicted dang blows on the face of Iqbal Singh. Sarban Singh continued raising lalkaras, while the other three accused inflicted more injuries on Iqbal Singh. In the meanwhile, Nirmal Singh also reached the spot and when Balwinder Singh raised a alarm, 'Na Maro, Na Maro' all the accused ran away from the spot with their respective arms.