TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Tarsem Singh directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Kapurthala. By virtue of the impugned judgment, the learned trial court acquitted the other accused but held appellant Tarsem Singh guilty of the offence punishable under Section 307 IPC. After hearing the appellant on the question of sentence, he was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for six months. An amount of Rs. 2,000/- out of the amount of fine was to be paid to injured Karamvir.

(2.) THE relevant facts of the proseection case are that Beant Singh and Tarlok Singh had agreed to sell about 2 killas of land for a consideration of Rs. 20,000/-. They did not execute the sale deed. A suit for specific performance of the agreement was filed. It was decreed in favour of Karamvir. An appeal was filed which was dismissed. The result was that sale deed was executed and possession was delivered to Karamvir with the police help. During this period while the litigation was pending, the appellant and others had given threats to Karamvir that he would be killed. It is alleged that on one occasion some Nihangs were taken to the house of Karamvir but he was not present in his house. A complaint was filed with the police by the mother of Karamivr. Certain respectables of the village intervened. An apology had been submitted. Karamvir even had filed an application in court regarding the threats being given to him. It is also the prosecution case that through Tarsem Singh appellant a suit was filed with a view to retain possession. The said suit was pending before the learned Subordinate Judge, Sultanpur Lodhi. It was transferred to Kapurthala. On 25.7.1986 the learned Senior Subordinate Judge, Kapurthala had given last opportunity to produce and conclude the evidence. The case was adjourned to 13.8.1986.

(3.) THE learned trial court framed a charge against the appellant and others with respect to the offence punishable under Section 307 IPC. In support of its case the prosecution had examined injured Karamvir, the Sub Divisional Magistrate of Sultanpur Lodhi Sukhjinder Singh besides Dr. Jasbir singh who examined Karamvir at Sultanpur Lodhi. Dr. N. Santosh Mathew who exmined the injured at Ludhhiana was also examined.