GURJANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) WE will be deciding Criminal Appeal No. 191-DB of 1998 and Criminal Appeal No. 202-DB of 1998 by a common order, as they arise out of the same judgment dated 4.3.1998 of the learned Additional Sessions Judge, Faridkot.

(2.) THE learned trial Court convicted Gurjant Singh son of Iqbal Singh, Jaswinder Singh son of Lugga Ram and Parshotam Singh son of Bhag Singh under Sections 302/34/450 IPC and Puran Singh son of Arbel Singh under Sections 302/450 IPC. Under sections 302/34 IPC, the learned trial Court sentenced Gurjant Singh, Jaswinder Singh and Parshotam Singh to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for six months. Under Section 302 IPC, Puran Singh was sentenced to life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for six months. Under Section 450 IPC, all the accused were sentenced to undergo five years R.I. and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month. All the sentences were ordered to run concurrently.

(3.) GURMEJ Singh stated, that he is resident of Village Arianwala. About 1-1/2 years back Kala Singh son of Puran Singh of Village Arianwala Khurd was married to Rajinder Kaur d/o Naranjan Singh. Gurbax Singh was the go-between. On 4.5.1995 at about 10.00 a.m., Rajinder Kaur came to their house from her in-laws' house, as she was maltreated there. At about 7.00 p.m., Puran Singh, Parshotam Singh, Gurjant Singh and Jaswinder Singh came to the house of the complainant- Gurmej Singh. Puran Singh asked his daughter-in-law Rajinder Kaur to accompany him to his house. Rajinder Kaur refused to do so, as she was apprehensive that she would be killed. Puran Singh started quarreling with his daughter-inlaw. Gurbax Singh father of complainant Gurmej Singh asked Puran Singh not to quarrel with Rajinder Kaur in his house. At this, Parshotam Singh and Jaswinder Singh caught hold of Gurmej Singh and Puran Singh took out a Siri Sahib (small sword) and gave a blow in the abdomen of Gurbax Singh. Gurjant Singh caught hold of Gurbax Singh. Gurmej Singh and his mother Parsin Kaur raised an alarm. Gurdial Singh son of Makhan Singh, a neighbourer came running. All the four accused then fled from the place of occurrence.