STATE OF PUNJAB Vs. GIAN SINGH

JUDGEMENT

(1.) GIAN Singh son of Budh Singh and his wife Smt. Balwinder Kaur @ Chinti were tried under Sections 302, 201 read with section 511 of the Indian Penal Code for having murdered Bean Singh, real brother of accused Gian Singh. The trial with regard to charges framed against accused resulted into acquittal by a judgment rendered by Shri S.K. Chopra, Addl. Sessions Judge, Patiala on March 28, 1989. The State of Punjab through present appeal filed by its takes strong exception to the order of acquittal passed by the learned Addl. Sessions Judge and, therefore, while seeking setting aside of the Judgment passed by the learned Addl. Sessions Judge, it obviously prays for convicting Gian Singh and his wife Balwinder Kaur of the charges that were framed against them. Before the contentions raised by learned State counsel in support of the appeal are examined, it is necessary to give a back drop of the events resulting into trial of respondents Gian Singh and Balwinder Kaur.

(2.) PROSECUTION version was unfolded by Pal Singh, father -in -law of deceased Bean Singh. His statement was recorded by Inder Singh, SI/SHO on November 1, 1987 at 2 A.M. While giving the narration of facts leading to murder of his son -in -law, Bean Singh in his own house, i.e. house of Bean Singh, he stated that he was resident of Bhurthala Mander and was doing cultivation. His daughter Kulwant Kaur was married to Bean Singh son of Budh Singh resident of village Fatehpur for the last about four years. She was blessed with a daughter, namely, Parminder Kaur, aged about two years. His son -in -law Bean Singh was employed in the Army. He had come to his village Fatehpur about one month back on leave. His son -in -law had two brothers. The eldest was Gian Singh son of Budh Singh, younger to him was his son -in -law and the youngest was Hakam Singh @ Jang Singh. Hakam Singh was working as truck driver at Samana. Budh Singh was of unsound mind. Gian Singh was doing cultivation at village Fatehpur and was Karta of the family. Gian Singh and his wife Balwinder Kaur, Gian Singh's mother Bhagwanti, his daughter Kulwant Kaur and his son -in -law Bean Singh resided jointly in the same house. There was a dispute between his son -in -law Bean Singh and his elder brother, Gian Singh regarding partition. So; his son -in -law Bean Singh had called him to his house previous day in order to get him separated. His daughter's husband's father Budh Singh had executed a will in respect of his property in favour of his three sons. On the day of occurrence, Gian Singh, his son -in -law Bean Singh and he had decided to partition the land in three equal shares by making three equal portions thereof. Division with regard to other house -hold articles and heads of cattle was yet to be made. At about 8 P.M. his son -in - law Bean Singh brought a bottle of liquor for him from somewhere. Gian Singh and he were sitting in the court -yard while the women folks were doing the domestic work. He told them that he did not take liquor and that they should enjoy the same. He sent for his daughter Kulwant Kaur and asked her to bring meals for him. Gian Singh and Bean Singh continued drinking while sitting beside him. His daughter Kulwant Kaur asked him to go at the site where electric motor was installed as her husband and her husband's brother were under the influence of liquor. He took his meals and set out for the site where electric motor was installed and went to bed at about 9 PM. After about two hours his daughter Kulwant Kaur came to him at the motor while weeping and told him that Gian Singh had picked up a quarrel with his son -in -law Bean Singh and Gian Singh; after having climbed the Kotha had thrown brick -bats at Bean Singh, as a result of which he had fallen down and had become unconscious. She and her mother -in -law Bhagwanti had tried their level best to save him by raising hue and cry but Gian Singh did not desist and was saying that if any body stepped ahead to save him, he would also be done away with. Gian Singh thereafter came down from the Kotha and gave more beatings to Bean Singh with Sota. When he along with his daughter Kulwant Kaur reached the house, he found that his son -in -law was placed on the logs of wood which were on fire. Sarup Singh son of Kehar Singh, Chand Singh son of Achhar Singh and Smt. Bhagwanti were trying to extinguish the fire by throwing water. His daughter and he also helped them in extinguishing the fire. The dead body of his son -in -law was lying half burnt on the logs of wood. Smt. Bhagwanti had told him that when his son -in -law Bean Singh was lying unconscious in front of the house, Gian Singh and his wife Chinti alias Balwinder Kaur dragged him to the logs of wood lying in the court -yard and put him thereon and by placing some more pieces of wood and parali, poured diesel oil on him and set him on fire despite their efforts to stop them. Thereafter Gian Singh and Chinti had rode away on a cycle. He informed about this occurrence to Rajpal Singh son of Mukand Singh and Chanan Singh Chowkidar of village Fatehpur who had come to the spot. While taking them along, he proceeded to the Police Station to lodge the report, with regard to incident.

(3.) SPECIAL report of the incident had reached the concerned Magistrate of Nabha at 5.30 A.M. on November 1, 1987 itself. Village Fatehpur, where the occurrence took place, is six miles from Police Station Bhadson, District Patiala where Pal Singh had got recorded his statement which formed the basis of FIR.