GURPIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TAJINDER Singh (22) and Gurpiar Singh (20) were tried for the murder of Jit Singh @ Bhairo of Balran with ghops on October 26, 1995 at 10.30 p.m. Jit Singh suffered shock and hemorrhage and died immediately. Tajinder Singh and Gurpiar Singh were tried by the learned Sessions Judge, Sangrur, found guilty under Section 302/34 IPC and sentenced for rigorous imprisonment for life. They were also sentenced to pay fine of Rs. 5,000/- each, in default of payment to further undergo rigorous imprisonment for one year.

(2.) GURPIAR Singh filed Crl. Appeal No. 490 DB of 1998 through jail whereas Tajinder Singh @ Teji filed Crl. Appeal 562 DB of 1998 through counsel. Gurpiar Singh had also been impleaded as appellant 2 in the latter appeal. We shall dispose of both the appeals by this common judgment.

(3.) ON the evening of October 26, 1995, Jit Singh had left his house at 7 p.m. in the company of the two accused but when he did not return till 10.30 p.m., his brother Darshan Singh (PW-5) and Lila Singh (PW-6) came looking for him to Tajinder Singh's house. They saw that the two accused and Jit Singh were sitting on a bed in the verandah of the house which abutted on a street. An electric bulb was also on. The accused and Jit Singh were quarreling with each other. Darshan Singh and Lila Singh asked Jit Singh to come with them. At that time the two accused were armed with ghops. Gurpiar Singh exhorted Tajinder Singh saying what was he waiting for. Jit Singh should be finished. Thereupon, Tajinder Singh pulled down Jit Singh from behind by his legs and Gurpiar Singh gave two ghop blows on Jit Singh's neck. Tajinder Singh also gave an injury on the right side of Jit Singh's neck and right shoulders. An alarm was raised by Darshan Singh and Lila Singh, whereupon the two accused escaped with their ghops and Jit Singh died. Darshan Singh left Lila Singh by side of Jit Singh's body and informed Sarpanch Sainsi Singh of the village that Jit Singh had been killed by the accused. Thereafter, Darshan Singh and Sarpanch went to the Police Station, Moonak, and reported the matter. FIR was registered by SI Parshotam Lal (PW-8) at 12.30 a.m. past midnight on October 27, 1995, a special report was delivered to the Magistrate by 4 a.m.