BALWAN SINGH @ LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balwant Singh aged 22 years resident of village Kariyal challenges his conviction and sentence recorded by Additional Sessions Judge, Ferozepur, on 7.2.1987. He was sentenced to imprisonment for life and to pay a fine of Rs. 2000 or in default to undergo further rigorous imprisonment for six months under section 302, Indian Penal Code, for committing the murder of Mohinder Singh,

(2.) The report to the police was lodged by Jora Singh, resident of village Pokri Butteran although Mohinder Singh was resident of village Kariyal. Jora Singh was informed by Malkiat Singh and, on that basis, he reported to the police on July 8, 1986, as under :-

(3.) Malkiat Singh had come to help Mohinder Singh, his wife's brother, in planting paddy a month earlier. On July 7,1986, there was a quarrel between Mohinder Singh on the side and Balwant Singh alias Lal, Gurpal Singh alias Pal, sons of Bakhtawar Singh, and Bakhtawar Singh, on the other. On the intervention of Malkiat Kaur, wife of Mohinder Singh and Narain Singh, the matter was pacified. Mohinder Singh left for the police station to report. Balwant Singh, Gurpal Singh and Bakhtawar Singh followed him and was seen at Bus Stand Kariyal by Balwinder Singh and Malkiat Singh PWS. Thereafter Mohinder Singh did not return to the house. Balwant Singh and others were also not seen. A search was made for Mohinder Singh. Finding no clue. Malkiat Singh went to Jora Singh. It was suspected that Balwant Singh Gurpal Singh and Bakhtawar Singh, having connived with one another, kept concealed. Mohinder Singh with the intention to kill him or they might have killed him. The motive for the offence was also suggested in the first information report that there was a dispute of partition of land between Mohinder Singh on one side and brother of Bakhtawar Singh on the other. Bakhtawar Singh and another wanted to have good quality of land by putting pressure on Mohinder Singh.