LAWS(P&H)-1997-1-137

MAJOR SINGH Vs. STATE OF PUNJAB

Decided On January 21, 1997
MAJOR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants Major Singh, Gurmail Singh and Sukhdev Singh (hereinafter referred to as the accused) against their conviction and sentence under Section 302 read with Section 34 of the Indian Penal Code, recorded by the learned Addl. Sessions Judge, Bhatinda, vide order dated 2.7.1994, whereby on conviction they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- each; in default of payment of fine each of them was further ordered to undergo rigorous imprisonment for a period of six months.

(2.) THE prosecution case at the trial was that the complainant Buggar Singh resident of village Kusla (PW-1) along with Jagjit Singh (PW-2) and one Nirmal Singh (given up by the prosecution as having been won over by the defence) on 8.9.1992 at 6.30 PM were standing on the phirni in front of the outer door of Nirmal Singh's house while talking to each other about their domestic affairs. In the meanwhile his brother (deceased) Maghar Singh was going from the complainant's house to his own house via phirni of the village and when he reached near the house of Gogu Singh son of Nand Singh, resident of his village, accused Gurmail Singh alias Golu armed with a Dang, his brother Major Singh armed with a Gandhali and his uncle (his father's younger brother) Sukhdev Singh armed with a spear came out of the street from the village side. On seeing his brother, accused Gurmail Singh raised a lalkara saying that "catch hold of him and he may not go un-hurt". On this lalkara Sukhdev Singh gave two barchhi (spear) blows to the deceased who raised both of his hands in self defence. One blow hit his right hand and other on his left hand. In the meanwhile the accused Gurmail Singh gave two dang blows to the deceased which hit him on his left arm. Major Singh gave him three blows with his gandhali on his head, as a result of which he fell down on the ground. while he was lying on the ground again all the three accused inflicted injures to him. The complainant and his companions raised alarm "Na Maro, Na Maro" and on seeing them the accused dragged the deceased in the house of Gurmail Singh where he was again beaten up. They did not go to the house of Gurmail Singh during night hours out of fear. They did not go to the Police Station as well because of abnormal situation prevailing those days to lodge the first information report.

(3.) ON the completion of the investigation the accused were challaned before the court of law and stood charge-sheeted for the offences under Sections 364, 342 and 302 read with Section 34 of the Indian Penal Code. On completion of the trial, all the three accused were convicted and sentenced under Section 302/34 IPC as mentioned above. However, they were acquitted for the charge under Sections 364/34 and 342 of the Indian Penal Code.