GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Gurdev Singh, Sewak Singh and Randhir Singh alias Dhira through present appeal filed by them have called in question order of conviction and sentencerecorded against them by learned Additional Sessions Judge, Ferozepur, dated August 14, 1996, vide which they have been held guilty for committing an offence punishable under S. 302 read with S. 34 of the IPC and accordingly sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs. 4000/- each or in default of payment of fine, to further undergo R. I. for two years each.

(2.) The occurrence leading to death of Tek Singh came to be reported by Gulzar Singh, P. W. 5, on the statement made by him on February 9, 1991 at 12. 55 p. m. to Balkar Singh, SI, P. W. 10, formal FIR under S. 364, IPC came to be recorded at 12-55 p. m. on the date aforesaid. When dead body of Tek Singh was recovered on February 10, 1991, offence was converted from S. 364 to S. 302, IPC. As per statement made by Gulzar Singh, father of deceased Tek Singh, occurrence had taken place at 6 p. m. on February 3, 1991 in village Gill, which is at a distance of about 17 and half kilometres from Police Station Ghall Khurd. Special report with regard to incident reached the concerned Magistrate on February 11, 1991 at 10-45 a. m.

(3.) Gulzar Singh, while making statement before S. I. Balkar Singh, P. W. 10, stated that he was resident of village Gill and was earning his livelihood by doing labour. He had five sons. His son Tek Singh was working as a labourer in village. On February 3, 1991 at 6 p. m. Dhira son of Gurdev Singh, came to his house and called his son from outside and asked him to come out as he had some work and took him along. He did not return to the house. On the next day, he enquired from Dhira as to where his son was. He told him that he would come back to his house on February 15, 1991. He did not inform any body out of fear as his son and Lakhbir Singh alias Khira, who was brother of Dhira, were best friends. They used to go from the house for 10/15 days. He further stated that he had got suspicious that Dhira Singh might have left his son somewhere with an intention to kill him. The day when his son left the house, he was wearing a shirt and pyjama of yellow colour and his son had a leather purse containing Rs. 20/- as also a chit in the name of Tek Singh son of Gulzar Singh. He was also wearing a ring in the ring finger of his left hand.