- (1.) Gurpal Singh and Gurdev Singh, the appellants have filed this appeal against judgment and order dated 19.08.2010 passed by learned Sessions Judge, Amritsar, whereby, appellant No.1 Gurpal Singh alias Pal has been convicted and sentenced to imprisonment for life, to pay a fine of Rs.5000/- and in default thereof he has to undergo further rigorous imprisonment for six months for an offence under section 302 IPC and appellant No.2 Gurdev Singh has been convicted and sentenced to undergo imprisonment for life; to pay a fine of Rs.2500/- and in default thereof he has to undergo further rigorous imprisonment for a period of three months for an offence punishable under section 302 read with section 34 IPC.
(2.) The case was set up in motion on the statement of PW-2 Lakhbir Kaur, the complainant, who has stated that she is aged about 45 years and a resident of village Wadala Kalan. About 19-20 years ago, her husband, who was serving in Haryana Police, had expired in an accident and the Haryana Government offered her a job in P.W.D. (Pubic Health) at Chandigarh. She has two sons, the elder one is Alakhbir Singh, 22 years old and younger one is Ranjodhbir Singh, 20 years old. She is residing in H.No. 1270-A, Sector 39-B, Chandigarh with her children. Her parents are residing in village Rattan Garh and she used to visit her parents off and on.
(3.) On 04.10.2008 she alongwith her younger son Ranjodhbir Singh came to village Rattan Garh to see her parents. On 05.10.2008 at about 7.30 PM she alongwith her father Didar Singh was standing in the street outside the house and her son Ranjodhbir Singh was going out from the same. When her son went ahead of them at some distance, then Gurpal Singh alias Pal, who was armed with datar and Gurdev Singh son of Banta Singh came there. Gurdev Singh raised a lalkara and said that her son should not be spared today, whereupon, Gurpal Singh alias Pal inflicted a datar blow on her son, hitting him on front forehead and left upper side on the head. Her son fell down on the ground facing downwards and while her son was so lying, Gurpal Singh alias Pal aimed another datar blow, hitting her son on the back of neck above the head. She and her father raised cry of 'Marditta Marditta'. Thereafter, both the accused ran away from the spot. She alongwith her father made her son facing upwards and noticed that he had died on account of the injuries suffered by him. The complainant also stated the motive behind causing the injuries is that Gurpal Singh alias Pal had suspicion that her son had illicit relations with his wife and on account of this suspicion, Gurpal Singh alias Pal and Gurdev Singh caused injuries to him, which resulted in his death. Leaving her father at the spot near the dead body of her son, she went to the police station for lodging the report.;