SAWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SAWINDER Singh alias Chhinda son of Ishar Singh has filed the present appeal against order of conviction and sentence recorded against him by Shri Nirmal Singh, Addl. Sessions Judge, Amritsar, dated September 19, 1994, vide which he was held guilty under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- and in default thereof, to further undergo R1 for three months.

(2.) AS per the prosecution version, the appellant in the company of Tarsem Singh and Mohan Singh who could not be apprehended, and were, as such declared proclaimed offenders, had killed Sulakhan Singh, in the presence of his son, Sona, a child of 12-13 years. It is on the statement of Sona that the F. I. R. with regard to murder of Sulakhan Singh came to be recorded on March 21, 1990 at 11. 45 a. m. Sona. while narrating the events leading to the death of his father, stated that he belonged to village Bajuman. They were two brothers and two sisters. His elder sister Nindero wife of Dharam Singh was married at village Abdal and he along with his father was living at village Abdal with his sister for the last 5-6 years. Last night, his maternal uncle Balkar Singh came to sec them. After taking their meals, he and his father went to lubewell in order to sleep. His maternal uncle remained with his sister at village. At about 9 p. m. when he and his father were sleeping in the room of the tubcwell and lamp was emitting light, door was knocked and his father opened. the same. He also woke up. Tarsem Singh alias Scma son of Darbara Singh and Surindcr Singh alias Chhinda son of Ishar Singh, caste Jat, residents of village Bajuman and Mohan Singh, Nihang of village Leharka, were standing in the door. He knew them well as they had stayed in his village for about 10-12 days in connection with their land dispute. All the three persons dragged his father towards well. He raised an alarm and began weeping. They started causing injuries with their Dattars to his father. He ran towards the village while crying. His maternal uncle Balkar Singh and his brother-in-law, Dharam Singh met him on the way. He narrated them the whole occurrence. They along with him ran towards tubewell. All the three accused ran towards the katcha passage leading to village Abdal within their sight. He remained at the tubewell till morning. Then his uncle Balkar Singh took him along and they were going to lodge a report that ASI Gurdip Singh of Police Station Kathunangal met them. Sona further stated that the accused had killed his father for the reason that a case pending regarding the land and for that there was a dispute in the village. From the narration of facts, as have been given above, it, thus, appears that whereas the occurrence took place on March 20. 1990 at 9 p. m. the FIR on the statement of Sona came to be recorded on March 21, 1990 at 11. 45 a. m. Police Station Kathunangal is. stated to be at a distance of four miles from village Abdal. The special report with regard to the incident reached the concerned Magistrate at Amritsar on March 21, 1990 at 4. 10 p. m.

(3.) PW 3 Dr. Vas Dev Sharma conducted postmortem on the dead body of Sulakhan Singh on March 21, 1990 at 4. 30 p. m. and found following injuries: