SUDAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) OUT of four accused, Nikka Singh was acquitted and the accused-appellants namely Sudagar Singh, Najam Singh and Nahar Singh (hereinafter referred to as 'the accused') were convicted under Section 302 and 302 read with Section 34 IPC, vide judgment dated 30.9.2005 passed by the learned Additional Sessions Judge, Bathinda and sentenced as under :

(2.) THE factual matrix of the case as unfolded by the prosecution is that Darshan Kaur wife of Teja Singh Tufan, Majhbi Sikh, resident of Amarpura Basti, Bathinda was a member of the Shromoni Gurdwara Parbhandak Committee (hereinafter referred to as 'SGPC'). Gurdwara Sahib Baba Jiwan Singh is situated near railway crossing at Bathinda, where Sudagar Singh accused was working as Sewadar. Teja Singh (deceased) was the member of musical team. On the election of the complainant as member of S.G.P.C. about three years prior to 17.4.2002, she and her husband at the instance of neighbours removed Sudagar Singh from the post of Sewadar of the aforesaid Gurdwara, on account of which, he and his sons Nahar Singh and Najam Singh alias Roshan Singh developed a grudge against him. About 2-3 years prior to the present occurrence, accused Nahar Singh had inflicted injuries to Gurdip Singh son of the complainant, in respect of which a criminal case was also registered. Again on 20.8.2001 Nahar Singh had fired at the deceased in respect of which FIR No. 373 dated 20.8.2001, under Sections 307 IPC and 25 of Arms Act was registered at Police Station Kotwali, Bathinda and in that case Nahar Singh was convicted and sentenced.

(3.) CONSEQUENTLY , they were charged for the aforesaid offences to which they pleaded not guilty and claimed trial.