BASTAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant appeal has been filed by Bastar against the judgment/order dated 7.9.1998 passed by the Sessions Judge, Kapurthala, in Sessions Case No. 87 of 1995, whereby the appellant - Bastar has been held guilty of having committed the murder of Bardanmin, and as such, he has been convicted of the offence punishable, under Section 302 of the Indian Penal Code. The appellant has also been held guilty for having inflicted grievous injuries to Ildanmin, and as such, has been convicted of the offence punishable, under Section 326 of the Indian Penal Code. By a separate order passed on 7.9.1998, the appellant Bastar was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -, under Section 302 of the Indian Penal Code. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for four months. The appellant Bastar has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/ -, under Section 326 of the Indian Penal Code. In default of payment of fine, he has been ordered to further undergo rigorous imprisonment for two months. Both the substantive sentences imposed on the appellant were directed to run concurrently.

(2.) THE prosecution version of the incident emerges from the complaint made by Ildanmin PW 11 on 1.10.1988. Ildanmin made a complaint to Inspector Tejinder Singh PW 10, that he alongwith Bardanmin his co -villager, were engaged for the last about one and a half years by Tara Singh PW 6, were sleeping in the ''dera '' of Tara Singh PW 6, on the night intervening 30.9.1988 and 1.10.1988, after having completed the day's work. He had woken up on hearing cries of his co -villager Bardanmin. Having woken up, Ildanmin saw accused Lachhman (who was an employee of Amrik) and the accused/appellant Bastar, inflicting ''kirpan '' blows on Bardanmin. Seeing them inflicting blows on Bardanmin, the complainant - Ildanmin PW 11 proceeded towards him so as to rescue him. Whereupon, both the accused - Lachhman and Bastar attacked him and gave him injuries on his head, right hand and left shoulder with their ''kirpans ''. On having received the aforesaid injuries at the hands of the two accused, the complainant - Ildanmin PW 11 so as to save himself, ran away and concealed himself in the paddy fields. After inflicting injuries, accused - Lachhman and Bastar went away alongwith their ''kirpans ''. In the morning, the complainant - Ildanmin PW 11 returned to the ''dera '' of Tara Singh and found Bardanmin lying dead. Leaving him at the spot, the complainant - Ildanmin PW 11 immediately proceeded to the residence of Tara Singh PW 6, to inform him about the incident. Tara Singh PW 6 sent his brother Darshan Singh to the place of occurrence and he (Tara Singh PW 6) accompanied the complainant - Ildanmin PW 11 to make a complaint to the police. In his complaint, the complainant - Ildanmin PW 11 also mentioned, that there was a money dispute between the parties which was the motive for committing the murder of Bardanmin. On the basis of the aforesaid occurrence which had taken place on the night intervening 30.9.1988 and 1.10.1988, a First Information Report bearing No. 66 was registered at Police Station Subhnanpur in Kapurthala , at 6.30 AM on 1.10.1988.

(3.) ON the completion of the investigation, a challan dated 27.9.1995 was presented in the Court of the Additional Chief Judicial Magistrate, Kapurthala. The Additional Chief Judicial Magistrate, Kapurthala, concluded that a prima -facie case punishable under Section 302 of the Indian Penal Code was made out against the accused/appellant Bastar. Since the offence under Section 302 of the Indian Penal Code is exclusively triable by the Court of Session, the Additional Chief Judicial Magistrate, Kapurthala, by an order dated 30.11.1995 committed the case to the Court of Sessions.