RULDA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whereas the co-accused of the appellants were acquitted of the murder charge framed against them, the appellants Rulda Singh and his son Balwinder Singh have been held guilty of an offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay a fine of Rs. 500/- each or in default of payment of fine to further undergo R.I. for one year vide order of conviction and sentence recorded by Sessions Judge, Patiala dated 8-6-1995. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) The prosecution case was unfolded by Amarjit Singh PW-3 who while making his statement before ASI Jagtar Chand stated that he was resident of village Pabra and was working as a labourer. He had a dispute of shamlat land with appellant Rulda Singh, Raj Singh, Manoj Kumar alias Moni as also Balwinder Singh son of Rulda Singh. A compromise was, however, arrived at between them. On the eventful day on 15-9-1991 at about 5.00 p.m. he along with his brother Jarnail Singh was going to their village Pabra after purchasing domestic articles from Rajpura. His brother Jarnail Singh was going a little ahead of him. When his brother Jarnail Singh reached near the house of Rulda Singh, appellant then later raised a Lalkara that they would not allow him to go alive that day. In the meantime, Rulda Singh armed with stick, Balwinder Singh armed with Lathi, Raj Singh and Manoj Kumar alias Moni reached the spot and asked him that they would get the possession of the shamlat land delivered that day. In the meantime, Rulda Singh gave a lathi blow to his brother Jarnail Singh which hit him in the middle of his head. Balwinder Singh then gave a lathi blow to his brother Jarnail Singh which hit him on the right temple. Due to sustaining of these injuries, his brother fell down on the road. Raj Singh and Manoj Kumar alias Moni also gave kick and fist blows to him while he was lying on the ground. He out of fear did not step forward and raised the alarm Marta Marta (killed, killed), as a result of which Harbans Singh son of Jagat Singh resident of the village reached the spot. Appellants Rulda Singh and Balwinder Singh along with their sticks, their co-accused Raj Singh and Manoj Kumar ran away from the spot. He and Harbans Singh removed his brother Jarnail Singh to A.P. Jain Civil Hospital, Rajital, Rajpura for treatment by putting him in a trolley. After dressing the wound of Jarnail Singh, doctor advised him to take Jarnail Singh to Rajindera Hospital, Patiala. Then they took Jarnail Singh to Rajindera Hospital and admitted him for treatment but he died there on 16-9-1991. The cause of grudge as stated by him was that they had a dispute of shamlat land with Rulda Singh's party.

(3.) The facts reveal that occurrence leading to the death of Jarnail Singh took place at 5.00 p.m. on 15-9-1991 at village Parba said to be 7 kms. away from Police Station Saddar Rajpura. The FIR on the statement of Amarjit Singh which was recorded at Rajindera Hospital, Patiala came into being at 8.45 a.m. on 16-9-1991. The special report with regard to the incident reached the Magistrate concerned at 2.15 p.m. on the same day stated to be half a km. from the Police Station. Patiala is at a distance of 18 kms. from Rajpura.