MAJOR SINGH Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA
STATE OF PUNJAB
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Santosh Hegde, J. -
(1.)The appellant was charged along with his mother Balwant Kaur who was A-2 before the Sessions Court for an offence punishable under Section 302 read with Section 34, I.P.C. while his father Jeet Singh A-1 and Thana Singh A-4 (who is the uncle of the appellant) were charged for an offence under Section 302, I.P.C. simpliciter for having caused the murder on 7-11-1995 of Sukho and Gurtar Kaur, wives of the appellant.
(2.)The prosecution case briefly is that the deceased Gurtar Kaur was married to Baldev Singh, brother of the appellant, while the other deceased Sukho was married to the appellant. They were daughters of Pritam Singh PW-2. It is stated that after the death of Baldev Singh, his wife Gurtar Kaur also lived with the appellant as his wife. None of them had any children. The prosecution further states that Jeet Singh A-1 and Balwant Kaur A-2 along with the appellant were constantly harassing the deceased for not bringing sufficient dowry. The further case of the prosecution is that on the day before the incident in question, PW-2 Pritam Singh along with his son Phulel Singh had visited the house of A-1 to bring about a settlement in regard to the dispute of non-payment of dowry. It is also stated that both PW-2 and his son Phulel Singh stayed overnight in the house of Jeet Singh and in the following morning on 7-11-1995 at about 9 or 10 a.m. A-1 and A-2 picked up a fight with the deceased ladies in regard to the complaint made by them to their father as to non-payment of dowry. During the course of the quarrel, it is stated that A-1 picked up a Kassi and Thana Singh A-4 picked up a Kulhari and assaulted the deceased. At that time, the appellant caught hold of Gurtar Kaur by her hand while A-1 Balwant Kaur caught hold of Sukhos hand so as to facilitate the other two appellants namely A-1 and A-4 to assault the deceased. The injury caused to the deceased was so grievous that both of them died on the spot. The further case of the prosecution is that the accused persons including the appellant ran away from the place of the incident while PW-2 Pritam Singh went to the Police Station along with one Jagdip Singh DW-4 and lodged a complaint at about 11 a.m. at the Rode P. S. which is about 8 kms. from the place of the incident. After the investigation the abovementioned 4 accused persons were charge-sheeted as stated above.
(3.)Learned Sessions Judge, Faridkot, who tried Sessions Case No. 12/96 came to the conclusion that the prosecution has proved the charges against the accused persons and sentenced A-1 and A-4 to undergo imprisonment for life for offences committed by them under Section 302 and directed a payment of fine of Rs. 1,000/- each, and in default of payment of fine to undergo further RI for 3 months each. He further sentenced A-2 Balwant Kaur and the appellant under Section 302 read with Section 34, I.P.C. and directed them to undergo imprisonment for life and to pay a fine of Rs. 500/- each in default to undergo further RI for one and a half months each, for their respective roles in the murder of the deceased.
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