- (1.) The appellant has preferred this appeal under Section 379 of the Code of Criminal Procedure read with provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 impugning the judgment and order of the High Court of Punjab and Haryana in Criminal Appeal No. 25-DBA of 1995 whereby the High Court reversed the judgment of acquittal against the appellant, who was tried along with three other co-accused, recorded by the Additional Sessions Judge, Sangrur in Sessions Case No. 44 of 1989. The High Court accordingly convicted the appellant for the offence punishable under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment, to undergo rigorous imprisonment for six months.
(2.) The prosecution case, in brief, is that the accused Mukhtiar Singh (A-1) and Gurdial Singh (A-2) and deceased Harnek Singh were real brothers. The family consists of eight brothers altogether. Deceased Harnek Singh along with his wife Tej Kaur and son Gurmail Singh (PW-4) were living jointly with one of his brother Amar Singh (PW-3). Gurdev Singh and Dalbara Singh, two other brothers were residing together whereas the others were residing separately in their respective houses located in their agricultural lands. Dalip Singh, father of Gurcharan Singh (A-3) and Mithu Singh (A-4) were residing separately. Dalip Singh is stated to have entered into an agreement to sell his house to Babu Singh, Balak Singh and their sons but the same could not be fructified into regular sale as Harnek Singh had interfered in the deal. The accused accordingly developed grudge as against Harnek Singh over his unwarranted interference in the sale transaction.
(3.) On 6.5.1989 about 7.00 p.m. Amar Singh (PW-3) and deceased Harnek Singh were going towards their houses in the fields whereas Tej Kaur and Gurmail Singh (PW-4) were already present in the house. The deceased Harnek Singh and Amar Singh (PW-3) saw all the four accused standing outside the house of Mukhtiar Singh(A-1). Mukhtiar Singh(A-1) was armed with a Sumewali Dang, both Gurcharan Singh @ Charna (A-3)and the appellant were armed with a gandasa each. Gurdial Singh (A-2) shouted a lalkara that Harnek Singh should be taught a lesson for interfering in Dalip Singh 's property deal and he should be killed, on which the rest of the three accused inflicted several injuries on Harnek Singh. Amar Singh (PW-3) raised an alarm, which attracted Tej Kaur and Gurmail Singh to the spot and they too witnessed the incident. The accused ran away from the scene of occurrence. Harnek Singh was first removed to his farm house and then to the Civil Hospital, Longowal by Amar Singh (PW-3). It was about 9.10 p.m. Dr. Rakesh Jain (PW- 6) having noticed the critical condition of Harnek Singh immediately referred him to the Civil Hospital, Sangrur. Dr. Rakesh Jain (PW-6) sent information to SHO, Police Station, Longowal at about 9.25 p.m. Harnek Singh, however, died soon after reaching the Civil Hospital, Sangrur. Amar Singh (PW-3) along with his brother Gurdev Singh left the hospital and reached the police station, Longowal at about 1.15 a.m. on 7.5.1989 and lodged First Information Report. Gurmail Singh (PW-4) was at the hospital near the dead body. The special report sent to the Illaqa Magistrate, Sangrur reached at 5.00 a.m. The police on the completion of the investigation filed charge sheet against Gurcharan Singh @ Charna (A-3) for the offence punishable under Section 302 of the IPC whereas the other accused were charged under Section 302/34 of the IPC. The accused pleaded not guilty.;