- (1.) Ranjit Singh and Kanwaljit Singh, Appellants alongwith their father Gurbachan Singh have filed this appeal against the judgment dated 20.03.2002 passed by learned Sessions Judge, Amritsar, convicting Ranjit Singh, Appellant, for an offence punishable under Section 302 of the Indian Penal Code and the remaining two Appellants namely Kanwaljit Singh and Gurbachan Singh for the said offence with the aid of Section 34 of the Indian Penal Code, Kanwaljit Singh, Appellant for an offence punishable under Section 307 IPC and the remaining two Appellants namely Ranjit Singh and Gurbachan Singh for the said offence with the aid of Section 34 of the Indian Penal Code and the order of sentence of the said date vide which the following sentences were awarded to them. JUDGEMENT_101_LAWS(P&H)7_2011_1.html
(2.) The case set up by the police of Police Station Sarhali District Amritsar against the Appellants is as under: Smt. Viro Kaur, resident of village Dargapur is the complainant in this case. Her husband Gurmej Singh died about 22 years back and after his death, she cohabited with Shabegh Singh, brother of her husband. She had one son named Gurdev Singh and a daughter named Manjit Kaur from her husband Gurmej Singh, whereas from the loins of Subegh Singh, Rajwinder Kaur, Gurbhej Singh and Tajinder Singh were born. There was marriage of the daughter of Pandit Gurdev Raj to be solemnised in the village on 22.01.2000. On the evening of 21.01.2000, there was Bhog ceremony of Akhandpath at the house of the said Pandit Gurdev Raj. Her sons Gurdev Singh and Gurbhej Singh went there for rendering services in the Bhog ceremony. Smt. Viro Kaur also attended the function alongwith her daughters namely Manjit Kaur and Rajwinder Kaur. After giving Shagan, Smt. Viro Kaur was returning to her house at about 9.00 PM. Ranjit Singh and Kanwaljit Singh sons of Gurbachan Singh were seen standing near her house. There was an electric bulb lit at the spot. On seeing the complainant Ranjit Singh told the complainant, addressing her as 'Bhabhi Ji', that she should have some amorous talks with them. Gurdev Singh and Gurbhej Singh were following the complainant. They reached the spot and took ill of the indecent remark of Ranjit Singh, which resulted in some scuffle between Ranjit Singh and Kanwaljit Singh, Appellants on the one hand and Gurdev Singh and Gurbhej Singh, on the other hand. Gurbachan Singh Appellant, father of Ranjit Singh and Kanwaljit Singh also came there in the meanwhile and exhorted his sons(his co-Appellants) to catch hold of them and to teach them a lesson for their pride. Gurbachan Singh and his son Kanwaljit Singh caught hold of Gurdev Singh from his hair while Ranjit Singh, Appellant gave a knife blow to Gurdev Singh in the right side of his abdomen below the chest. He repeated the blow with knife, which hit Gurdev Singh on the left side of abdomen below umblicus. Gurbhej Singh tried to rescue his brother. Thereafter, Kanwaljit Singh took the knife from Ranjit Singh and gave a blow in the left flank of Gurbhej Singh. On the hue and cry raised by the complainant and others, the three Appellants ran away from the spot. Thereafter, the injured were shifted to Government Hospital, Sarhali for treatment where Gurdev Singh died. Gurbhej Singh in the meanwhile became unconscious and the doctor at Government Hospital, Sarhali referred him to Guru Nanak Dev Hospital Amritsar, for treatment.
(3.) Bhola Singh, SI/SHO of Police Station, Sarhali was present in the police station, when a writing was received from SMO Civil Hospital,Sarhali about the admission of Gurdev Singh in injured condition, followed by his death, as also of Gurbhej Singh, who had been referred to GND Hospital Amritsar. Bhola Singh, SI then reached Civil Hospital, Sarhali alongwith other police officials where he met Smt. Viro Kaur and recorded her statement Ex.PH. He had made his endorsement thereon recommending registration of a case and sent the same to Police Station Sarhali, on the basis of which Gurbans Singh, SI recorded the formal FIR. Special report of the case was also sent to Illaqa Magistrate and others through Bhupinder Singh, constable. Thereafter, Bhola Singh, SI went to the mortuary at Civil Hospital, Sarhali where the dead body of Gurdev Singh was kept. He had conducted the inquest proceedings. An application for conducting the post mortem examination of the dead body of Gurdev Singh was addressed to the doctor by Bhola Singh, SI. He seized blood stained bed sheet, on which Gurdev Singh was lying, converted the same into a sealed parcel and took the same into possession by way of recovery memo.;