S.K.JAIN, J. - (1.) Mukhtiar Singh, son of Mehar Singh, aged 70 years, Labh Singh, aged 28 years and Gulab Singh, aged 26 years, both sons of Mukhtiar Singh, appellants were found guilty of the murder of Makhan Singh and Pappu Singh was causing injuries to Modan Singh, Mithu Singh, Jagraj Singh, Angrej Kaur and Lachha by the learned Sessions Judge, Sirsa and they were convicted and sentences as under :- (i) Mukhtiar Singh under Section 302, IPC: (ii) Labh Singh and Gulab Singh, under Section 302 /34, IPC; Each one of them was sentenced to undergo life imprisonment and to pay a fine of Rs. 500.00- and in default of payment of fine to further undergo RI for one year. (iii) Mukhtiar Singh under Section 307, IPC, and Labh Singh and Gulab Singh under Section 307 / 34, IPC. Each one of them was sentenced to undergo R. I. for five Years and to pay fine of Rs. 500/and in default of payment of fine to further undergo R.I. for one year. (iv) All the three appellants were convicted under Sections 323, 323/34 IPC, and sentenced to undergo RI for three months. However, all the three substantive sentences of RI were directed to run concurrently.
(2.) Feeling aggrieved against their conviction and sentence they have filed Criminal Appeal No. 209-DB of 1991 whereas Jagraj Singh, brother of the two deceased person, has filed Criminal Revision No. 488 of 1991 praying that the accused be awarded extreme penalty of death and directed to pay Rs. 2 lacs as compensation to the heirs of the deceased. Both the abovesaid cases (appeal and revision) are being disposed of by this single judgment.
(3.) In brief facts of the prosecution case are that Jagraj Singh, Naib Singh, Bura Singh, Modan Singh, Makhan Singh, deceased and Pappu Singh, deceased were brothers. They resided separately in the village Jalalana. Accused Mukhtiar Singh son of Phuman Singh, adopted son of Mehar Singh along with his sons Labh Singh and Gulab Singh (accused Nos. 2 and 3) resided in their neighbourhood. Mukhtiar Singh was employed as Chowkidar in Mini Bank at Jalalana. There was rivalry between the said Mukhtiar Singh on one hand and Makhan Singh deceased and his Sandu (husband of his sister-in-law) Mithu Singh on the other as all three of them had illicit relations with Smt. Golo, wife of Mukand Singh who resided in the village. She was a lady of easy virtues. Marriage of the daughter of Gurbachan Singh has to be solemnized and her barat had to come to the village on the date of occurrence i.e. 2-3-1990. Along with this barat a party of men and women who had to perform dances etc. had to accompany to the village.;