- (1.) Accused Sukhpal Singh, Gurtej Singh, Bihla Singh and Sant Roop Singh who were convicted under Section 302/34, 324/34, 325/34, 323/34 and 201/34 IPC and sentenced thereunder have challenged the conviction and sentence passed by the trial Court.
(2.) The case in brief of the prosecution is as follows:- a) On 28.6.1999 at about 9.00 a.m., PW4 Amarjit Singh, the complainant in this case alongwith his father PW5 Joginder Singh and his brother Kuldeep Singh (since deceased) proceeded in a tractor driven by deceased Kuldeep Singh for ploughing their field. When they reached the field of Hardev Singh, accused Sukhpal Singh @ Bhola and accused Bihla Singh were found armed with ghopes. Accused Gurtej Singh was found armed with gandasa and accused Sant Roop Singh was armed with stick. They also came in a tractor-trolley and parked it on the way and stopped the tractor-trolley driven by deceased Kuldeep Singh. b) Accused Sukhpal Singh @ Bhola raised lalkara exhorting his brothers who were the other accused not to allow them to escape alive and teach them a lesson for cultivating their lands. Thereupon, accused Sukhpal Singh @ Bhola gave ghope blow to Kuldeep Singh on the right side of his head. Accused Bihla Singh gave ghope blow on the left side of head of Kuldeep Singh. Accused Gurtej Singh gave gandasa blow from its reverse side on the left arm and left forefinger of Kuldeep Singh. Accused Sant Roop Singh gave stick blow on the left and right legs of Kuldeep Singh. Having received multiple injuries, Kuldeep Singh fell down on the ground. Thereupon, accused Sukhpal Singh gave ghope blow on his left ankle, right arm and knee. PW5 went forward to save his son Kuldeep Singh. Accused Bihla Singh gave ghope blow on his left and right arm. Accused Sant Roop Singh also gave stick blow on his head. PW4 and PW5 raised alarm. In the meantime, injured Kuldeep Singh succumbed to his injuries. Accused lifted the dead body of Kuldeep Singh and put it in their tractor-trolley and decamped from the scene of occurrence with an intention to dispose of the dead body. The land dispute between the parties was the genesis of the occurrence.
(3.) PW4 Amarjit Singh, the complainant in this case and PW5 Joginder Singh who sustained injury in the occurrence have supported the case of the prosecution.;