NARINDER PAL AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three brothers Narinder Pal, Jawahar Lal and Mohinder Pal along with their parents Sat Pal and Satya Devi, of Dhandiala, Police Station Sadar Batala, were tried by learned Sessions Judge, Gurdaspur for having abducted and then murdered their neighbour and close relative Pardeep Kumar. The learned Sessions Judge vide judgment dated April 2, 1997 acquitted Sat Pal and Satya Devi but convicted Narinder Pal, Jawahar Lal and Mohinder Pal for the charge of abduction as well as murder. They were sentenced to imprisonment for life under Sec. 302 I P.C. and imprisonment for five years under Sec. 364 I.P.C. There were also sentences of fine and sentences in default of payment of fine. Both the substantive sentences were directed to run concurrently. Narinder Pal, Jawahar Lal and Mohinder Pal have come up in appeal.

(2.) According to the prosecution, on Feb. 8, 1995 at about 8 P.M. Pardeep Kumar deceased, a tent house owner at nearby Jaintipur, wao standing outside his house in Dhandiala after dinner. At 8-30 P.M. the three appellants along with their parents came from the side of their house. Pardeep Kumar was physically picked up by the accused and when he raised an alarm his mother Kaushalya Devi (PW-2) and sister Madhu Bala (PW- 3) were also attracted to the spot. Pardeep Kumar was taken to the nearby haveli of Sucha Singh. His mother Kaushalya Devi and sister Madhu Bala also reached there and saw Satya Devi gagging Pardeep Kumar's mouth, Narinder Pal hitting him on chest, arms and legs with a hammer, Mohinder Pal giving him 7/8 sua blows all over his body and Jawahar Lal hitting him with hockey stick on different parts of the body. The prosecution alleged that Pardeep Kumar was assaulted because he had opened the door of his house on the common passage. The occurrence was witnessed by Kaushalya Devi, Madhu Bala and also by Surjit Singh (DW-1) who had also been attracted to the spot. They had all seen the occurrence in moon light. After inflicting a number of injuries to Pardeep Kumar the accused left the spot with their respective weapons leaving Pardeep Kumar bleeding from his nose, legs and arms and near to death.

(3.) Pardeep Kumar was evacuated from the spot in Surjit Singh's truck and taken to Civil Hospital, Batala. At the Civil Hospital, Pardeep Kumar was medico legally examined at 11-45 P.M. on Feb. 8, 1995 by Dr. Inderjit Singh (PW-5) but he died after a few hours at 2-30 A.M. on Feb. 9, 1995.