JUDGEMENT
A.N.JINDAL, J. -
(1.) BAGHELA Singh and his son Kala Singh faced trial for committing murder of Kaka Singh on 6.11.2000 at village Burj Hari, P.S. Sadar Mansa. Consequently, they were convicted under Sections 302/324 read with Section 34 of IPC and were sentenced as under :-
Baghela Singh
U/s 302 IPC : To undergo imprisonment for life and to pay fine of Rs. 5,000/-. In default of payment of fine to further undergo rigorous imprisonment for one year.
U/s. 324/34 IPC : To undergo rigorous imprisonment for a period of one year.
Kala Singh
U/s 302/34 IPC : To undergo imprisonment for life and to pay fine of Rs. 5,000/-. In default of payment of fine to further undergo rigorous imprisonment for one year.
U/s. 324 IPC : To undergo rigorous imprisonment for a period of one year.
(2.) ALL the substantive sentences were ordered to run concurrently.
The facts as culled out from the prosecution evidence are that Gurdeep Singh son of accused Baghela Singh and brother of accused Kala Singh was married to Raj Kaur at village Burj Hari. Kaka Singh deceased and Balbir Singh were also married to the sister of Raj Kaur. Darshan Singh-complainant is the brother-in-law of Kaka Singh etc. aforesaid. Relations between Gurdeep Singh and Raj Kaur were strained, therefore, Raj Kaur was residing in her parental house at village Moosa. Litigation between them was also going on. The accused (i.e. father-in-law and husband's brother) and their family were assuming that Kaka Singh had illicit relations with Raj Kaur.
(3.) SINCE Raj Kaur wanted winter clothes, therefore, on 6.11.2000, deceased Kaka Singh along with his brother-in-law Darshan Singh came to the in-law's house of Raj Kaur at Buri Hari in a jeep to bring clothes and met mother-in- law of Raj Kaur and asked her to deliver clothes of Raj Kaur but she told them that she would call persons from the fields and only thereafter they could take the clothes. Then she went to the fields to take her husband Baghela Singh and son Kaka Singh (accused) whereas Darshan Singh and Kaka Singh waited (for) them in front of the house of Baghela Singh.;
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