MALOOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Malook Singh through present appeal filed by him has challenged the order of conviction and sentence recorded against him by the learned Sessions Judge, Faridkot, whereby the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I, for life and to pay a fine of Rs. 5,000/- in default whereof, he was further ordered to undergo R.I. for one year. Fine if recovered was ordered to be paid to Darbara Singh father of the deceased. Facts leading to the murder of Budh Singh son of Darbara Singh need necessary mention.

(2.) On 8th of April 1991, Swaran Singh PW-3, an eye-witness of the occurrence made a statement before Ajaib Singh A.S.I. of Police Post Killian Wali, wherein he stated that they were four brothers and one sister. Younger to him was Budh Singh aged about 25 years, whereas the remaining were younger to him. On the day of occurrence at about 11.00 A.M. he alongwith his brother Budh Singh was coming to the colony after taking fodder from the field. His brother Budh Singh was going a little ahead of him with a bundle of fodder on his head. When his brother Budh Singh reached the place two Killas behind their colony on the passage leading from the colony to the fields, Malook Singh son of Dalip Singh, resident of Jhalwali colony Kandu Khera armed with a Gandasa emerged from the wheat fields of Iqbal Singh. He raised a lalkara and said, "Budh be ready, you will not be allowed to escape unscathed today." Immediately after reaching there, Malook Singh gave a Gandasa below from its sharp side on the right ankle. His brother tried to run away after throwing the bundle of fodder and after covering a little distance he fell down due to receipt of Gandasa blow. While his brother Budh Singh was lying on the ground he (Malook Singh) gave 5/6 Gandasa blows from its sharp side on his neck. He raised an alarm, 'Na Maaro, Na Maaro' (Don't kill, Don't kill). In the meantime his brother Darbara Singh son of Gurdit Singh and his brother Resham Singh son of Darbara Singh rushed to the spot from the colony. They too saw the whole occurrence. When his father, his brother Resham Singh and he himself stepped forward, then Malook Singh ran away from the spot with the Gandasa. Malook had severed the neck of his brother Budh Singh by giving Gandasa blows. Budh Singh died on the spot. The cause of grudge was that Malook Singh suspected that Budh Singh had illicit relations with his sister Kaki. On account of it Budh Singh and Malook Singh had quarrelled with each other about five/six months earlier. The matter was brought to an end in the colony itself and was not reported to the police. For this grudge Malook Singh had committed the murder of his brother Budh Singh by giving Gandasa blow in the broad day light. He was going to Police Post to lodge report that ASI Ajaib Singh met him. He had come to lodge the report leaving his father Darbara Singh to guard the dead body.

(3.) Prosecution with a view to bring home the offence against the appellant examined PW-1 Dr. Lakhbir Singh Sandhu, Ajit Sharma Draftsman PW-2, Swaran Singh PW-3 and Darbara Singh PW-4, Constable Azad Singh was examined as PW-5 and ASI Ajaib Singh appeared as PW-6. Dr. Lakhbir Singh Sandhu stated that he was posted at Civil Hospital, Malout on 8th of April, 1991 and on that day at 4.45 P.M. he had performed the post-mortem examination on the dead body of Budh Singh and had found following injuries on his dead body :-1. An incised wound 4 x 2 cm skin deep on the back of right leg, 6 cm above ankle joint. Clotted blood was present.2. An incised wound 10 x 1/2 cm skin deep on the back of chest crossing the mid line in upper part back of chest. Clotted blood was present.3. An incised wound 7 x 1 cm on the back of head bone deep, Clotted blood present. On dissection, no fracture and no hematoma found.