DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 20.12.2003 passed by the Sessions Judge, Amritsar, whereby the appellants 2 and 3 (since appellant No.1 has died during the pendency of this appeal) were convicted. The appellant No.2 was convicted under Sections 302 read with Section 34 IPC whereas appellant No.3 was convicted under Section 302 IPC and both sentenced to undergo imprisonment for life along with a fine of Rs. 1,000/- each and, in default thereof to further undergo RI for six months each in case FIR No. 35 dated 23.2.2000 registered under Sections 302 read with Section 34 IPC at P.S. Chheharta.

(2.) The allegations against the appellants were that appellant No.1 -Devinder Singh and appellant No.3-Raj Mohan Singh had illicit relation with appellant No.2-Balwinder Kaur (wife of the deceased) and, because her husband Gurbachan Singh (deceased) was objecting to that illicit relation, he was murdered on the night of 22.2.2000.

(3.) As per the FIR, the case set up was that on the fateful date, the deceased-Gurbachan Singh had gone out of the house to ease himself and when he did not return till about 11:00 p.m his father went to look after him on the asking of the appellant No.2 -Balwinder Kaur. At that time, appellant No.1 Devinder Singh also accompanied him. Their search could not fructify but at about 10:00 a.m on the next morning they discovered the dead body of the deceased lying on the bank of the drain towards the side of the railway line having injuries with sharp edge weapon on his forehead, head, stomach and left hand and leg. One month later on 22.3.2000, the uncle of the deceased (PW-6 Avtar Singh) filed a private complaint Ex. PK (which was ultimately directed to be heard alongwith the FIR case) stating that in fact PW-6 Avtar Singh and his another brother PW-7 Jaswant Singh had gone to ease themselves in the fields on the night of 22.2.2000 and they heard the sound 'mar ditta mar ditta' and with the aid of the light of the BSF post nearby, they saw that Devinder Singh, Rajmohan Singh and Balwinder Kaur (all the three appellants) were inflicting blows upon Gurbachan Singh (deceased). The complaint further stated that the Police had not recorded the correct version and that is why the private complaint was filed.