NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been preferred by the accused/appellants Nishan Singh and Waryam Singh as against the judgement rendered by the Additional Sessions Judge, Amritsar, in Sessions Case No.74 of 1997, on 18.7.1998, by which both the accused/appellants Nishan Singh and Waryam Singh were held guilty for having intentionally committed the murder of Jagtar Singh. The accused/appellant Nishan Singh was convicted under Section 302 of the Indian Penal Code, whereas, the accused/appellant Wariam Singh was convicted under Section 324 read with Section 34 of the Indian Penal Code. The accused/appellants Nishan Singh and Waryam Singh were also held guilty of having caused simple hurt to Balkar Singh PW4. Accordingly, the accused/appellant Nishan Singh was convicted under Section 324 of the Indian Penal Code, whereas, the accused/appellant Wariam Singh was convicted under Section 324 read with Section 34 of the Indian Penal Code.

(2.) It would be relevant to mention, that both the accused/appellants Nishan Singh and Waryam Singh are brothers, being the sons of Makhan Singh. It would be pertinent to mention, that the deceased Jagtar Singh and the injured Balkar Singh PW4 were also brothers, being sons of Charan Singh. Additionally, it would be pertinent to mention, that amongst themselves, the accused party and the complainant party were cousins i.e. sons of two brothers.

(3.) The accused/appellants Nishan Singh and Waryam Singh have also impugned the order passed separately on 18.7.1998, by the Additional Sessions Judge, Amritsar, whereby, both the accused/appellants Nishan Singh and Waryam Singh have been sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/-, under Section 302 (read with Section 34 of the Indian Penal Code, for Jagtar Singh) of the Indian Penal Code. In case of default in payment of fine, they have been ordered to undergo further rigorous imprisonment for six months. Additionally, the accused/appellants Nishan Singh and Waryam Singh have been sentenced to undergo rigorous imprisonment for a period of one year for having caused simple hurt to Balkar Singh PW4, under Section 324 (read with Section 34 of the Indian Penal Code, for Jagtar Singh)) of the Indian Penal Code.