SWARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.12.1999 passed by the learned Additional Sessions Judge, Raisinghnagar convicting appellant Kulwant Singh of the offence under Section- 302, IPC and sentencing to imprisonment for life and to pay a fine of Rs. 5,000/- and in default, to further undergo one year's simple imprisonment. Appellants Swaran Singh and Kulvinder Kaur have been convicted of the offence under Section 302 with the add of Section 34, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- each and in default, to further undergo six months' simple imprisonment.

(2.) Before adverting to the evidence on record, we may notice that the accused persons and the prosecution witnesses belong to one and the same family; first appellant "A1" Swaran Singh being father, second appellant "A2" Kulwant Singh the younger brother and third appellant "A3" Smt.Kulvinder Kaur the sister-in-law (A2 Kulwant Singh's wife) of deceased Malkiyat Singh, while the star eyewitnesses PW. 6 Bhupender Kaur, PW.7 Jasvinder Singh and PW. 10 Balbeer Kaur are the wife, elder brother and 'Bhabhi' of deceased. They lived in a residential compound in separate apartments in Ward No.5 of Padampur town. While PW. 6 Bhupendra Kaur and her deceased husband Malkiyat Singh lived in one room, A2 Kulwant Singh lived in another with his family. Al Swaran Singh lived with his younger son A2 Kulwant Singh. There is a common gate of the residential premises. It is alleged that there was a dispute in the family with respect to the partition of the compound area. The occurrence in question is alleged to have taken place in the intervening night of 01/02.06.1997 at about 12 in the night. Malkiyat Singh returned to the house after watching a movie. While he was proceeding towards his room, he was interrupted by Al Swaran Singh, A2 Kulwant Singh and his wife A3 Kulvinder Kaur. Al Swaran Singh gave a lathi blow on his head. His cries attracted PW 7 Jasvinder Singh and PW. 10 Balbeer Kaur and other neighbours. They got the deceased released from them. However, Al Swaran Singh and A2 Kulvinder Kaur again caught hold of deceased Malkiyat Singh and A3 Kulwant Singh inflicted stab injuries on account of which he fell down and became unconscious. He was rushed to the hospital by PW. 7 Jasvinder Singh in his jeep, where he succumbed to the injuries. Promptly at 02.00 AM, a written F.I.R. of the incident was lodged by PW. 6 Bhupendra Kaur and PW. 7 Jasvinder Singh at the Police Station, Padampur. The police registered the crime for the offence under Section 302, 302/34, IPC and proceeded with investigation. The police inspected the site and prepared the inquest report. The autopsy on the dead body of Malkiyat Singh was conducted by PW. 4 Dr. Smt. Herbans Khanna and noticed the following injuries vide Exhibit-P. 13:-

(3.) The police laid the charge-sheet against the appellants for the offence under Sections 302 and 302/34, IPC. The appellants denied the charges levelled against them. During trial, the prosecution in support of the case adduced oral and documentary evidence. The trial Court found the prosecution case proved and, as such, convicted and sentenced the appellants in the manner noticed above.