SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 16.8.2016 and order dated 17.8.2016, rendered by learned Additional Sessions Judge, Jalandhar, in Session Case No. 36/13. Appellant Sarabjit Singh alias Sabi was charged with and tried for the offence punishable under Sections 302, 307, 452 and 324 IPC. He was convicted and sentenced under Sections 302 and 307 IPC as under:-

(2.) The case of the prosecution in a nutshell is that on 4.2.2013 Bhupinder Singh (complainant) got recorded his statement with SI Arjan Singh to the effect that he was a carpenter by profession. Sarabjit Singh alias Sabi was his brother, who was younger to him. He was living with his mother and father. On 3.2.2013 at about 9.30 p.m. after taking meals, the complainant along with his family went to sleep. His parents slept in a separate room. At about 4.00 a.m. in the morning he heard shrieks of his mother and father, who were saying 'mar ditta, mar ditta'. On hearing this, he came out of his room and entered into the room of his mother and father. He saw that his brother Sarabjit Singh alias Sabi was attacking his mother Kulwant Kaur and father Santokh Singh with a kirpan. Kulwant Kaur died on the spot, whereas his father Santokh Singh was seriously injured. He tried to save his father and mother, however, Sarabjit Singh alias Sabi ran after him with a kirpan. He rescued himself by entering into a room. Sarabjit Singh alias Sabi ran away from the spot along with kirpan. The post-mortem was conducted. The statements of the witnesses were recorded. The accused was arrested. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined as many as thirteen witnesses in support of its case. The statement of the accused was also recorded under Section 313 Cr.P.C. He denied the case of the prosecution. He was convicted and sentenced, as noticed above. Hence, the present appeal.