JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jaspal Singh Jassa son of Gurdip Singh and Gurmej Singh son of Shingara Singh of Harike were tried by Sessions Judge, Amritsar at sessions trial No. 26 of 19,94 (5esslons case No. 437of 1993) Incase F.I.R. No. 36/93 of PS Harike under Section 302/34 I.P.C., convicted Jaspal Singh Jassa under Section 302 I.P.C. and Gurmej Singh under Section 302/34 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 2.000/ - and In default of payment of fine to undergo further R.I. for 6 months Vide order dated 21-3-1995. Aggrieved from this order dated 2i-3-1995. Jaspal Singh has come up in Cri. Appeal No. 474-DB of i995 to this court and Gurmej Singh son of Shingara Singh, has come up in Cri. Appeal No. i63-D8 of i995 to this court.

(2.) Through this judgment, we will dispose of both these appeals together, as they are the off - shoot of the same occurrence In which one Gurcharan Singh lost his life allegedly at their hands on 7-8-1993 at iO.30 p.m. In the area of Harike.

(3.) Now the facts of the prosecution case in brief: - Pal Singh and his son Gurcharan Singh (deceased) were running a fish pakaura shop at bus adda Harike. On 7-8-1993 at about 5 p.m. Jaspal, Singh Jassa and Gurmej Singh Rana (appellants herein) came to their shop and demanded fish Rakaura on credit. Pal Singh and his son Gurcharan Singh refused to supply them fish pakaura on credit. Thereupon, they started abusing, Pal Singh and his son Gurcharan Singh and threatening them. Pal Singh folded hands before them requesting them to go away. They left their shop and went abusing them. Pal Singh and his son closed their pakaura shop and went to their house situated in Harike where he and his son were residing with their family. At about iO.30 P.m. after they had taken their meals they were preparing to go to bed that Jaspal Singh Jassa came and called Pala (Furlough), open the door.TT- (It may be mentioned here that Pal Singh was known, as Pal a furlough among the people). In response to that call he and his son Gurchaan Singh started towards opening the door. Gurcharan Singh opened the door Jaspal Singh and Gurmej Singh entered the house. Gurcharan Singh proclaimed that they had come to teach them a lesson for their refusal it supply them fish on credit. Manjit Kaur wife of Gurcharan Singh also came to the spot. Gurmej Singh raised lalkara kindling/smouldering Jaspal Singh Jassa TTJassa, what are you looking at/waiting for? Injure Gurcharan Singh with knife (Chaku). Jaspal Singh dealt knife blow in the left side of the chest of Gurcharan Singh. On receipt of knife blow Gurcharan Singh fall down. Occurrence was witnessed by Pal Singh and Manjit Kaur. They raised raula Mar ditta mar dittaTT. Both the assailants ran away with the aforesaid weapon. Gurcharan Singh succumbed to his injury there and then. Manjit Kaur and Pal Singh could not report the matter at night; due to fear. At about 5.00 a.m. he left for Police Station Harike leaving his daughter-in-law Mahjit Kaur at the spot to guard the dead - body. In chowk Harike at about 5.45 a.m. S.1. Satnam Singh. S.H.O. Police Station Harike met him. Pal Singh reported the matter to him vide statement Ex. PW -8/ A on the basis of which case F.I.R. No. 36 dated 8-8-1993 was registered at Police Station Harike under Section 302/34 I.P.C. and 25 Arms Act. After investigation, Jaspal Singh and Gurmet Singh were challaned.