NIRMAL SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 20.11.2002, passed by the learned Sessions Judge, Amritsar, whereby they were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months each under Section 302 read with Section 34 IPC .

(2.) The brief facts of the case are that the FIR in the present case has been registered on the statement of Banti, who got recorded her statement to SI Gurdev Singh on 05.02000. Complainant Banti stated that she is resident of village Sarli Khurd and after death of her husband, she used to reside with her son Surinder Singh @ Shinda and her daughter was married at Pakhoke. On that day, in the morning, she along with her son Surinder Singh and nephew Harbhajan Singh started from their house to Tarn Taran for taking holy bath on account of Amavasya. When they went ahead about two killas, then, Nirmal Singh @ Nimma and his maternal uncle's son Bagga overtook them on scooter. All of them proceeded towards Adda Takhtu Chak through kaccha footpath. When complainant and Harbhajan Singh reached on metalled road, then Surinder Singh was going 1/2-3/4 killa ahead of them. At about 9.30 a.m., when Surinder Singh reached at Adda Takhtu Chak, then Nirmal Singh and his maternal uncle's son, who were already standing there, started giving knife blows to Surinder Singh on front side of his body within their sight. Complainant and Harbhajan Singh raised hue and cry and ran forward to rescue Surinder Singh. Within their sight, Surinder Singh fell down and both the accused ran away towards village Khakh on their scooter with their knives. Surinder Singh died on the spot. The motive behind the occurrence was that there was some dispute regarding land pending with Nirmal Singh etc. The panchayat of the village had also got effected compromise of the same. One day earlier to the occurrence, Surinder Singh had sown green fodder in the disputed land and for that reason, Nirmal Singh and Bagga had committed his murder. On the basis of this statement, FIR was registered. Inquest report was prepared. Dead body was sent for post-mortem examination. Rough site plan was prepared. Statements of witnesses were recorded. Accused were arrested. Weapon of offence was also recovered. After necessary investigation, challan was presented against the accusedappellants.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C. Finding prima facie case, the appellants were charge-sheeted under Section 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.