RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 6.5.94 of the learned Sessions Judge, Hoshiarpur vide which he convicted the appellant, Rachhpal Singh, under section 302/326 I.P.C. Under Section 302 IPC, he was sentenced to imprisonment for life and a fine of Rs. 5,000/ -; in default of payment of fine he was ordered to undergo Rigorous Imprisonment for one year. Under Section 326 I.P.C., the appellant was sentenced to four years Rigorous Imprisonment and a fine of Rs. 3,000/ - was imposed on him; in default of payment of which he was ordered to undergo R.I. for nine months. Both the substantive sentences were ordered to run concurrently.

(2.) JOGA Singh, PW. 3, on whose statement the case was registered stated that he was resident of village Pakhowal and was employed as helper in the A.B.C. Paper Mill at Saila Khurd. He had taken leave on account of harvesting season of wheat crop and had obtained leave from the Mill. They were four brothers. All his four brothers were elder to him and were living separately. He and his father Darshan Singh lived together. His father slept in the courtyard of the house whereas he slept on the roof top. Since the houses of this other brothers were adjoining to each other, so they also slept on the roofs of their respective houses. There was not gate to the house. There was a lane in front of the house and there was a small well adjoining the lane. The lane (gali) which passed in front of their house became blind in front of the house of Rachhpal Singh. The said lane by passing in front of their house, led to Phirni (circular road). On 2.5.1993, at about 5.30 A.M., his father Darshan Singh went out of the house for easing himself and was standing in the gali in front of the house, near the small well, while he and his brother Amrik Singh were standing on the roof -top. In the meantime, Rachhpal Singh alias Pal (appellant) son of Paras Ram, caste Ghumar (Potter), resident of village Pakhowal who was his cousin (son of his father's younger brother) came there. He was wearing a small kirpan (Gatra) around his neck.

(3.) STATEMENT of Joga which was recorded by Balbir Singh, SI, Incharge Police Station Saila Khurd, PW 6. The Statement was read over to Joga Singh and he thumb marked the same in token of its correctness.