NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated November 9, 1994, passed by the Sessions Judge, Ferozepur, whereby the appellant has been convicted under Sections 302/307, I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 500/- or in default to further undergo rigorousimprisonment for six months under Section 302, I.P.C., and to undergo imprisonment for ten years and to pay a fine of Rs. 500/- or in default to further undergo rigorous imprisonment for six months under Section 307, I.P.C. Both the sentences of imprisonment have been ordered to run concurrently.

(2.) The facts necessary for the disposal of this appeal, which can be gathered from the record of the trial Court, are that Chand Singh (deceased) was married to Gurnam Kaur and out of this wedlock a son-Harjinder Singh (PW-5) was born. Gurnam Kaur left Chand Singh on account of certain dispute with him but Harjinder Singh (PW 5) continued to live with Chand Singh. Thereafter Chand Singh arranged a karewa marriage with Balwant Kaur (co-accused since acquitted). The appellant is the son of said Balwant Kaur from her previous husband (i.e. pichhlag). Thus, Chand Singh was residing in the same house alongwith his wife Balwant Kaur, the appellant and Harjinder Singh (PW-5), although a separate room had been given to Harjinder Singh. Mehar Singh (PW-4), the elder brother of Chand Singh (deceased), along with his son Sukhdev Singh has been residing in the immediate neighbourhood.

(3.) On July 2, 1993 at about 9 or 9.30 p.m., on hearing a noise emanating from the house of Chand Singh-deceased, Sukhdev Singh and Mehar Singh (PW-4) went to that house and found the appellant while quarrelling with Chand Singh. The appellant was having a knife in his hand. Balwant Kaur caught hold of Chand Singh by his arms and the appellant gave a knife blow which landed on the left side of his chest due to which he fell down in the court-yard of his house. When Sukhdev Singh tried to catch hold of the appellant, the latter gave two knife blows which landed on the left side of the chest of Sukhdev Singh. Then the appellant succeeded in escaping. Chand Singh succumbed to the knife injury at the spot itself. Gurbachan Singh, Ex-Sarpanch, and other people had collected there.