MUKHTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three appellants Mukhtar Singh, Balkar Singh and Mohinder Singh are sons of Lakha Singh of village Ghaniake Bangar. They were convicted by Sessions Judge, Amritsar on 7.5.1987. Mukhtar Singh and Balkar Singh appellants were convicted under Section 302 Indian Penal Code, and Mohinder Singh appellant under Section 302 read with Section 34, Indian Penal Code. They were sentenced to rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each, in default to further undergo rigorous imprisonment for six months. Along with the appellants, their sister Harjit Kaur was also one of the accused who was acquitted by the Sessions Judge.

(2.) The occurrence is alleged to have taken place at about 8.30 P.M. on 1.9.1986 on the roadside in village Mattenangal. Harjit Kaur was married to son of Alla Singh deceased. Her husband was serving in the army. There was some dispute between Harjit Kaur and her father-in-law Alla Singh and that on the day of the occurrence, Harjit Kaur had brought her brothers, the appellants, to the village. A panchayat was held and the matter was settled. After dispersal of the panchayat, Alla Singh was served liquor by Mukhtar Singh, Balkar Singh and Mohinder Singh appellant and Harjit Kaur was also present in the house. Harnam Singh, brother of Alla Singh, came to the house and enquired as to why Alla Singh was being administered liquor. Thereafter Mukhtar Singh and Balkar Singh left the house. After some time, Mohinder Singh felt urge to ease Mohinder Singh. Alla Singh and Harnam Singh left the house for the fields to ease. When they had gone 3/4 Killas from the Abadi of the village, Mukhtar Singh and Balkar Singh appellants appeared on the scene from the Charri crop. Immediately, Mukhtar Singh gagged Alla Singh by putting a piece of cloth in his mouth whereas Balkar Singh caught hold of neck of Alla Singh and throttled. Mohinder Singh appellant caught hold of Harnam Singh P.W. Alarm was raised which attracted Bakhshish Singh and Charan Singh, residents of the same village. They came with sticks and torches Alla Singh died on the spot. The appellants flied away from the spot under the cover of darkness. Harnam Singh went to police station Ramdass and lodged the report at 12.10 A.M. on 2.9.1986. It was completed at 1.30 A.M. The police investigated the case. got post-mortem conducted on the dead-body and recorded the statements of witness.

(3.) At the trial, P.W.1, Dr. Ashok Kumar deposed about conducting post-mortem on the dead body of Alla Singh on 2.9.1986 at about 2. P.M. Following injuries were noticed :-