BANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 6.2.1998/ 20.2.1998 of the learned Sessions Judge, Sangrur, whereby he convicted Bant Singh under Sec. 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/ -. In default of payment of fine to further undergo R.I. for six months.

(2.) The case of the prosecution is unfolded by the statement Ex.PF of Jasbir Kaur made to SI Surinder Pal Singh at Bus Stand Village Mullowal.

(3.) Jasbir Kaur stated, that her husband Karnail Singh and Bant Singh are real brothers. Both are residing separately. Her father -in -law Gurdev Singh, who was father of Karnail Singh and Bant Singh, was also residing separately. On 2.5.1996 at about 3.00 p.m., she went to the house of her father -in -law Gurdev Singh for feeding the cattle. Ajmer Singh son of the sister of her husband's father, resident of Sherpur, was also present there. Her brother -in -law Bant Singh, who was armed with an axe, was quarrelling with her father -in -law. Bant Singh was asking Gurdev Singh as to why he was not transferring his (Bant Singh's) share of land in his favour. Gurdev Singh stated, that he would not transfer the land in his favour during his (Gurdev Singh's) life time. Bant Singh threatened Gurdev Singh, that he would teach him a lesson for not transferring the land. Thereafter, Bant Singh gave Kulhari blows to his father, which hit him, on the head, back, stomach, left leg and right arm. The handle of the axe in the process broke. Bant Singh thereafter, gave more blows with the handle of the axe on the back of Gurdev Singh. Thereafter, Bant Singh fled away with the broken axe and the handle.