GINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order we propose to dispose of Criminal Appeal bearing No. 308-DB of 1995 filed by Ginder Singh son of Bant Singh and his mother Manjit Kaur as also Criminal Appeal No. 203-DBA of 1996 filed by the State of Punjab against the order vide which in the same trial co-accused of the appellants Ginder Singh and Manjit Kaur, namely, Balbir Singh and Angrez Singh have been acquitted.

(2.) Ginder Singh and his mother Manjit Kaur were tried as mentioned above with their co-accused Balbir Singh son of Bant Singh and Angrez Singh son of Jeon Singh for an offence under S. 302 read with S. 34 of the Indian Penal Code as also under S. 201 of the said Code. Learned Sessions Judge in the resultant trial recorded a finding of conviction of appellants Ginder Singh and Manjit Kaur under S. 302 read with S. 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life as also to pay a fine of Rs. 2000/- each or in default of payment thereof to undergo R.I. for six months. They were also convicted under S. 201 of the Indian Penal Code to undergo R.I. for a period of two years. Their co-accused Balbir Singh and Angrez Singh, as mentioned above, were acquitted of the same very charges.

(3.) First Information Report with regard to murder of Bant Singh was lodged by his brother Maghar Singh on 21-5-1994 at 5-10 a.m. which was recorded by S.I. Piara Singh PW. 6. Maghar Singh in his statement made before S.I. Piara Singh stated that he was resident of village Mansa Khurd. They were seven brothers eldest being Bant Singh who was residing at village Bhagi Bander for the last about 3 years. He had solemnisedtwo marriages. Whereas first marriage was solemnised with Jangir Kaur daughter of Leekal Singh, resident of Nandgarh Katra, second marriage (kareva) was performed with Manjit Kaur daughter of Kartar Singh resident of Tahliwala Jatan. His first wife Jangir Kaur gave birth to two sons and one daughter. Out of them, eldest was Amarjit Kaur. Whereas younger to her was Balbir Singh and youngest to all was Jaswinder Singh. Amarjit Kaur was married with Nidhan Singh at Bhatinda and Jaswinder Singh was also doing labour work at Bathinda. Manjit Kaur gave birth to Virpal Kaur and Ginder Singh. Virpal Kaur was married with Angrez Singh resident of village Ummewala, Distt. Sri Ganga Nagar. His brother Bant Singh did not have cordial relations with his younger son Ginder Singh. For this reason Ginder Singh was residing at Bathinda. On the day of Baisakhi his brother Bant Singh had given beatings to his wife Manjit Kaur and on account thereof, there was a dispute in the house. A day before lodging the FIR he along with Makhan singh Ex-Sarpanch, resident of Mansa Khurd had come to village Bhagi Bander at about 4 p.m. in order to settle the dispute where the son-in-law of Bant Singh, namely, Angrez Singh and Ginder Singh and Balbir Singh his nephews, his brother's wives Manjit Kaur and Jangir Kaur were present in the house. Due to old age, the eye sight of Jangir Kaur had become weak. His brother Bant Singh came to the house at about 8 p.m. and enquired about his welfare. At that time an electric light in the courtyard was on. They started talking about the settlement of the dispute. It was about 9-30 p.m. During the course of settlement Ginder Singh and Bant Singh exchanged hot words and his brother Bant Singh stood up and started going to his room. Ginder Singh picked up a Gandhali lying nearby and gave two blows with the same on the head of Bant Singh which hit his head. Thereafter Angrez Singh took Bant Singh in his grip and Balbir Singh picked up a Soti lying there and a gave a soti blow on shin of right leg of Bant Singh. Ginder Singh gave one more blow with Gandhali to Bant Singh which hit him on the left ear and back side of the ear. Balbir Singh gave a Soti blow which hit the right side of his head as a result of which his brother Bant Singh fell down. Makhan Singh and he himself raised an alarm, Na Maro, Na Maro (Don't kill, don' kill). When his brother Bant Singh was lying fallen, Angrez Singh continued twisting his left arm while Ginder Singh continued twisting his left knee. While Bant Singh was lying on the ground, Manjit Kaur and Balbir Singh continued giving blows thrustwise with their respective Sotis on the left leg and back side of left knee and Manjit Kaur kept on saying loudly that he should be taught a lesson for giving beatings to her. As a result thereof his brother sustained injuries on his left leg. They stepped forward to rescue him but the accused tried to attack them also. His brother Bant Singh succumbed to his injuries at the spot. Out of feat they ran away outside and informed Jangir Singh Sarpanch about this occurrence. After taking along Jangir Singh Sarpanch with them, they had come to lodge the report. The cause of grudge was that about a month back on the day of Baisakhi, his brother Bant Singh had given beatings to his wife Manjit Kaur and whole family was fed up from him. On account of this grudge, all the accused had connived with one another had committed the murder of Bant singh by inflicting injuries to him.