SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Surjit Singh through present appeal filed by him questions the legality of order dated February 3, 1996 passed by the learned Sessions Judge, Bhatinda, convicting him under S. 302, IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo R.I. for a period of three months.

(2.) Murder of Pritam Singh was reported to the police by Ranjit Singh, who in his statement, made on June 17, 1988 at 8.35 a.m. stated that he was a tailor and on the previous day at about 7 p.m. he had gone to see his sister Sabho, who lived in the riots affected colony. His sister Sabho had gone to village Gopalpur, police Station Rajpura, District Patiala to attend a marriage. Due to late hours at night, he stayed with his brother-in-law (sister's husband) Pritam Singh. At about 9 p.m., Surjit Singh son of Ishar Singh, who was the brother-in-law (sister's husband) of his brother-in-law Pritam Singh, came there in a truck. After parking his truck, he came to Pritam Singh who was in a drunken condition and was carrying a bottle of liquor with him. His brother-in-law Pritam Singh and Surjit Singh started consuming liquor in front of the quarter. An electric bulb was burning there and he sat near them. Surjit Singh started abusing his brother-in-law Pritam Singh, who asked him as to why he was abusing him. But Surjit Singh continued to abuse him. Then Pritam Singh got enraged and abused him in return. Surjit Singh became furious and picked up an iron rod lying there and gave a blow with the same on the head of Pritam Singh. He got up and took Surjit Singh in his grip but he managed to break his grip and ran away from the spot together with iron rod. Pritam Singh became unconscious and fell down. He and Chinto wife of Surjit Singh, who was cooking meals in the quarter, got him admitted in Civil Hospital, where the doctor dressed his wounds. After getting his brother-in-law admitted in the hospital, he had gone to his house to inform his brothers and now (sic) the police had reached, when he got recorded his statement.

(3.) It is made out from the facts of the case that whereas occurrence took place on June 16, 1988 at 9 p.m. FIR was recorded on the next day i.e. June 17, 1988 at 8-35 a.m. It was initially recorded under S. 307, IPC but when Pritam Singh died, it was converted to 302, IPC. The special report reached the Chief Judicial Magistrate, Bhatinda at 4-05 p.m. on the same day i.e., June 17, 1988.