HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 8.5.1987 passed by the Court of Additional Sessions Judge, Amritsar, who convicted the appellants under Section 307 read with Section 34 I.P.C. for committing murderous assault upon Major Singh PW and sentenced them to undergo R.I. for a period of 5 years each and to pay a fine of Rs. 2,000/- each. In default of payment of fine each one of them was directed to undergo R.I. for one year.

(2.) THE facts of the case lie in a short compass :- Smt. Kashmiro is the sister of appellant Hardev Singh and daughter of Inder Singh appellant. As per the story of the prosecution Smt. Kashmiro developed illicit/friendly relations with Major Singh PW. This became the strong motive for the commission of the offence on the part of Hardev Singh and Inder Singh appellants, who suspected that Kashmiro is carrying on with Major Singh. On this strong motive there was an altercation between Hardev Singh on one side and Major Singh on the other side just 3/4 days prior to the occurrence which took place in the early hours of 21.10.1986. Thus there is a strong community of interest between Hardev Singh and Inder Singh, who are none else but the real brother and father of Kashmiro.

(3.) THE Investigating Officer also visited the place of occurrence, lifted blood stained earth and also took into possession some blood stained Parali etc. Both the appellants were arrested on 7.11.1986 and they were interrogated about the weapon of offence and they got recovered the weapons of offence i.e. Kirpan under Section 27 of the Evidence Act. The blood stained clothes of the injured were sent to the office of the Chemical Examiner, who found human blood on these articles. After recording the statements of the injured and by doing the other formalities, both the appellants were challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents to the appellants and they were committed to the Court of Session.