- (1.) This judgment will dispose of CRA No. D-765-DB of 2009, filed by accused/appellants Pushpinder Singh @ Noni, Kulwinder Singh @ Kinda, Vishal Arya @ Sonu Nepali and Sukhjit Singh @ Kaka against the judgment and order dated 10.8.2009, passed by the learned Additional Sessions Judge, Jalandhar, vide which the accused Kulwinder Singh @ Kinda was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs. 5,000/-, in default thereof, to further undergo rigorous imprisonment for one year, whereas the remaining accused were also convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and fine of Rs. 5,000/- each, in default thereof, to further undergo rigorous imprisonment for one year each. The accused were also convicted and sentenced under Section 324 and Section 324 read with Section 34 IPC on three counts and sentenced to undergo rigorous imprisonment for one year each for each account. All the sentences were directed to run concurrently.
(2.) The prosecution story is that Jaswinder Singh @ Babbu, aged about 32 years, was one of the three children of Mohinder Singh (complainant). Jaswinder Singh @ Babbu used to go for practice to a gymnasium at Haripur. About three years back, a quarrel had taken place between Jaswinder Singh @ Babbu (deceased) and Malkiat Singh @ Meeta son of Mohinder Singh, resident of Khera Patti, village Haripur in the gym. Later on, due to this enmity, Jaswinder Singh @ Babbu had quarreled twice with said Malkiat Singh @ Meeta, his brother Kulwinder Singh @ Kinda and some other boys, regarding which case was pending in the Court. Due to this ill-will, Kulwinder Singh @ Kinda used to tease Jaswinder Singh @ Babbu (deceased) and used to threaten him that they will make permanent arrangement of the deceased. On 5.3.2008, Mohinder Singh alongwith his son Jaswinder Singh @ Babbu was going to Jalandhar, in connection with their personal work on motorcycle No. PB08-AR-8422, make Bajaj CT-100. A white car was following them. The driver of the car deliberately hit the side of the car against the motorcycle near village Chohkan. Jaswinder Singh @ Babbu controlled the motorcycle and saw that on the front seat of the said car, Kulwinder Singh @ Kinda was sitting. Three other boys were also sitting in the car.
(3.) The car again started chasing the motorcycle. On this, Jaswinder Singh (deceased) accelerated the speed of the motorcycle and turned the motorcycle towards village Nangal Shama. The car of Kulwinder Singh @ Kinda followed the motorcycle. When they reached little ahead of Nagnal Shama colony, it was about 12:30 PM. The car overtook the motorcycle, on which Jaswinder Singh stopped the motorcycle. Thereafter, Kulwinder Singh @ Kinda carrying a sword came out of the car and gave sword blow on the head of Jaswinder Singh @ Babbu. On this, Jaswinder Singh ran towards the fields. Kulwinder Singh @ Kinda and his three companions armed with sickle (dattar) and sword followed him while raising exhortation to catch hold of the deceased and that he is not to be left alive today. They also gave sword and sickle (datter) blows on the motorcycle. Mohinder Singh ran backward. Kulwinder Singh @ Kinda and his three companions followed Jaswinder Singh. According to Mohinder Singh, he can identify those three persons, if brought before him. Mohinder Singh then ran after them. Jaswinder Singh then entered a plot, which was having a small boundary wall. In the presence of Mohinder Singh, Kulwinder Singh @ Kinda gave sword blow and when Jaswinder Singh raised his arm, it hit his left elbow. Kulwinder Singh @ Kinda gave another blow on the left arm of Jaswinder Singh. Thereafter, two more blows were given on the head of the deceased. Then, another companion of Kulwinder Singh @ Kinda gave two dattar blows on the backside of hand of Jaswinder Singh. Thereafter, Kulwinder Singh @ Kinda gave a sword blow on the neck of Jaswinder Singh, on which Jaswinder Singh fell down. Thereafter, Kulwinder Singh @ Kinda and his three companions mercilessly gave blows with their respective weapons. Mohinder Singh raised alarm, on which the public came running at the spot. Thereafter, accused ran away from the spot in their vehicle. Deceased had become unconscious at the spot. Mohinder Singh arranged for a vehicle and removed the injured to Johal Hospital, where Jaswinder Singh succumbed to injuries. The doctor of Johal Hospital Hoshiarpur Road, Rama Mandi, Jalandhar, sent the intimation (Ex.PW) to the police regarding bringing of dead body in his hospital by his father Mohinder Singh. Mohinder Singh was going to approach the police when he met police party headed by Inspector Sarabjit Rai at Dhilwan Chowk, Jalandhar, who recorded the statement of Mohinder Singh (Ex.PA). The SHO then made endorsement (Ex.PA/1) and sent the same to the police station, where formal FIR (Ex.PA/2) was registered. Inquest report (Ex.PN) was prepared. The dead body was sent for post mortem. Rough site plans (Ex.PP and Ex.PR) of first part of place of occurrence and second part of place of occurrence were prepared. The spot inspection was carried out. The motorcycle Bajaj CT-100, tank of which was damaged with sharp edged weapon alongwith one pair of chappal of the deceased was found at spot and taken into possession through recovery memo Ex.PQ. The blood stained earth, leaves of spinach and human hairs were taken into possession through recovery memo Ex.PT. The driving licence and identity card of the deceased were also recovered from the spot, which were taken into possession through recovery memo Ex.PU.;