LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Lachhman Singh, the appellant has filed this appeal against judgment and order dated 25.07.2003 passed by learned Sessions Judge, Patiala, whereby, he has been convicted for an offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, to pay a fine of Rs.10,000/- and in default thereof, to undergo further rigorous imprisonment for a period of one year.

(2.) The case was set up in motion on the statement of Pritam Singh, complainant (Ex.PG), wherein it has been stated that his land falls in Bamna Patti with his brother Hardial Singh, who lived in his land in Bamna Patti, after constructing the house. On 03.08.2001 at about 11:00 a.m when complainant was working in his fields, he heard raula (loud voices) from the house of Hardial Singh. He went towards the house of his brother and saw that Lachhman Singh, accused, armed with Tangli (pronged weapon) which was broken from the front side, was beating his father-in-law Hardial Singh. On seeing all this, the complainant raised noise of 'Bachao-Bachao'. On hearing this Balkar Singh son of Subba Singh, who was living in the Dera, reached there and on seeing him, Lachhman Singh, accused fled away with the weapon of crime. His brother fell down and died on the spot. The motive behind the occurrence was that Lachhman Singh, accused wanted to transfer 1-1/2 killa of land of Hardial Singh in his name but Hardial Singh did not agree. Leaving Balkar Singh at the spot, Pritam Singh started for the police station to lodge report but met police party led by SI Budh Ram who recorded his statement.

(3.) After recording the statement SI Budh Ram, made his endorsement Ex.PG/1 over the same and sent it to police station for registration of formal FIR. On the basis thereof, formal FIR Ex.PG/2 was recorded by Mohinder Singh, ASI. Thereafter, SI Budh Ram alongwith other police officials went to the place of occurrence, where dead body of Hardial Singh was lying. He prepared inquest report Ex.PC. Photographer was called for taking the snaps of the dead body. Blood stained earth was taken into possession vide recovery memo Ex.PH. Site plan of the place of occurrence Ex.PJ was prepared. Statement of Piara Singh Sarpanch (Ex.PC/1) was recorded under Section 175 Cr.P.C. Post mortem examination of the dead body of Hardial Singh was got conducted.