BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bahadur Singh, the appellant, has laid challenge to the judgment and order, dated 27-10-1997, passed by the Sessions Judge, Sangrur, convicting him under Section 302 of the I. P. C., and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo R. I. for one year.

(2.) On 9-4-1994 at 5.30 p.m., Dewan Chand lodged a report, at Police Station Dhuri, which was reduced into writing as FIR No. 47, dated 9-4-1994 (Ex. PF). The first informant, Dewan Chand informed the police that they were seven brothers, six of them had shifted to Dhuri from village Bhuller Herri. The deceased Bimal Muni continued to reside in the village with his family. Bahadur Singh, the appellant, and Bimal Muni were on visiting terms. About six months before the occurrence, the deceased and the accused-appellant performed a religious function of Sant Aloraram Wale and also arranged a Bhandara (free meals) for the public. A large sum of money was spent on the religious function and the Bhandara. The expenses led to a dispute between the appellant and the deceased. The appellant began pressing for settlement of accounts. He visited Dhuri and requested the first informant to intercede in the matter. On 8-4-1994, the appellant requested the first informant, Dewan Chand, at his shop in Dhuri, to pay the money due to him. The first informant claims to have told the appellant that he would meet the deceased on 9-4-1994 at village Bhullar Herri and asked the appellant to reach there so that accounts could be settled. The first informant, accompanied by Girdhari Lal, reached Bimal Muni's house. At about 4.30 p.m., while they were discussing something with Bimal Muni, the appellant barged into the house, brandishing an unsheathed sword in his right hand and holding the sheath in his left hand. He threw the sheath to the ground and raised a lalkara that he would teach the deceased a lesson for not paying his money. The appellant held the Kirpan with both hands and inflicted a blow to the head of Bimal Muni. The first informant and Girdhari Lal raised an alarm but the appellant threatened them. He thereafter inflicted kirpan blows, which severed the head of Bimal Muni, from his body. The first informant and Girdhari Lal ran upstairs and raised an alarm. The appellant thereafter fled from the spot. The deceased's wife Raksha Devi, who was present at the time of occurrence, stayed with the dead body, while the first informant and Girdhari Lal rushed to the police station Dhuri to lodge the report, which became the subject matter of the FIR.

(3.) S. I. Gurbhajan Singh (PW 7), accompanied by Dewan Chand, Girdhari Lal and other police officials, left for the place of occurrence. On arrival, he secured the place of occurrence and lifted blood stained earth, which was placed in a small tin box and duly sealed. A piece of cloth, a wooden comb, a small kirpan, all blood stained, and one sheath were taken into possession. These items were made into separate parcels, duly sealed and taken into possession by the police, vide memo, Ex. PH. A rough site plan, Ex. PL, indicating the place of recovery, was prepared. SI Gurbhajan Singh also prepared an inquest report Ex. PC.