LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Lakha Singh appellant and his co-accused Charan Singh were brought to trial before the Court of Sessions Judge at Sangrur on the charge of murdering Karamjit Singh deceased. Charan Singh was acquitted of the charge of murder whilst Lakha Singh was found guilty thereof and was convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs. 500/- or in default to undergo further rigorous imprisonment for six months. He has challenged his conviction and sentence by filling Criminal Appeal No. 362- DB of 1986. The State of Punjab challenged the acquittal of Charan Singh on the charge of murder by filing Criminal Appeal No.4 DBA of 1987. This Judgment will govern both the appeals,

(2.) It is alleged that Karamjit Singh deceased had advanced a loan of Rs, 100/- to Lakha Singh accused and the latter did not make the payment of that amount to the former. A day before the present occurrence, Karamjit Singh demanded the amount from Lakha Singh but Lakha Singh refused to pay the same, at which Karamjit Singh slapped him. This incident is stated to be the impelling motive for the accused to commit the crime.

(3.) The prosecution case is that on the next day i.e. on 15-8-85; Karamjit Singh, Balbir Singh Member Panchayat and Balbir Singh alias Leela were proceeding towards the field of Leela by the side of a drain. It was about 12.30 P.M. when Karamjit Singh was going a little ahead of Balbir Singh and Leela. When they reached near the sugarcane field of Dial 8ingh. Lakha Singh and Charan Singh accused both armed with gandasas emerged from that field and Lalcha Singh raised a Lalkara that he will teach a lesson to Karamjit Singh for slapping him on the previous evening. He then gave a gandasa blow on the head of Karamjit Singh which hit him above his ear, followed by Charan Singh who gave a gandasa blow on his right shoulder as a result of which he fell down and then another gandasa blow was given to him by Lakha Singh near his right car. Balbir Singh and Balbir Singh alias Leela raised alarm and then both the accused fled away with their respective weapons. Karamjit Singh succumbed to his injuries at the spot. Leaving Leela near the dead body, Balbir Singh Panch went to the village and informed Niranjan Singh Lambardar and the wife of the deceased about this incident and thereafter he accompanied by his brother Ruldu Singh went to Police Station Dhuri and lodged the F.I.R. Ex. PF with Sub Inspector Ajmer Singh at 2.15 P.M.