JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appellants in Criminal Appeal No. 4 of 1992 and the respon dent Bajinder Singh in Criminal Appeal No. 277 of 1992 were tried together in the same trial for the offences under Sections 302/34 IPC. Joginder Singh appellant is the father while appellants Jagtar Singh, Balwinder Singh in Criminal Ap peal No. 4 of 1992 and Bajinder Singh respon dent in Criminal Appeal No. 277 of 1992 are the sons of Joginder Singh. All of them were charged for committing the murder of deceased Dilavar Singh, the real brother of Joginder Singh. As both these appeals arise out of the same trial pertaining to the same occurrence, accordingly, they are being disposed of by the same judgment.

(2.) The prosecution case, as put up against the accused persons has been that father of Joginder Singh and that of Dilavar Singh deceased had four plots of land which he left for his four sons Joginder Singh, the deceased Dilavar Singh and two other brothers. Joginder Singh and Mohinder Singh two brothers were already alleged to have raised some construction on their plots while Dilavar Singh had a proposal to raise some con struction on his plot. Joginder Singh was having some dispute with Dilavar Singh about the con struction being raised by the deceased on his plot.

(3.) The occurrence took place on 17/08/1990. In the morning of that fateful day Dilavar Singh had gone to leave his son at Shivalik School Nangal by his Maruti Van No. HIU 1671. Dilavar Singh as well as his brothers and the accused persons were the residents of village Raipur Sohra, Tehsil and District Una. This de ceased Dilavar Singh before going to Nangal to leave his son there in the school had informed his wife Satya Devi (PW 2) and Jai Kaur, his mother (PW 3) that Bajinder Singh accused had pro claimed that the accused persons intended to do away with Dilavar Singh and his son. These two ladies asked for the details from Dilavar Singh who informed that he would be informing those ladies the details of threats given to him by the accused persons after his return from Nangal.