K.S.GAREWAL,J - (1.) ON August 1, 2001 Bhupinder Singh alias Bari (26), son of Harbhajan Singh (PW-1) of Sunrawala, was caught stealing Rs. 50/- from the cash box (golak) lying in the dispensary of Gurdwara Tahli Sahib, Balerkhanpur on the main Nakodar-Kapurthala highway. Bhupinder Singh was tied to a pillar of the Langar Hall of the Gurdwara and severely beaten up. His father Harbhajan Singh learnt about it and reached the Gurdwara, untied his son and brought him home on his scooter. Unfortunately, Bhupinder Singh died soon after reaching home but before his death he named his tormentors.
(2.) HARBANS Singh and his son Bhupinder Singh of Mallu Kadra Bad, District Kapurthala alongwith Satnam Singh of Talwandi Jallekhan, District Ferozepur were tried for the murder and wrongful confinement of Bhupinder Singh. There were two other persons involved in the incident namely Tarsem Singh and Lambar Singh but neither of them were tried because they were both juvenile. Learned Trial Judge found Harbans Singh, Bhupinder Singh and Satnam Singh guilty of offences under Section 302 read with Section 149 and 342 I.P.C. vide judgment dated August 29, 2003. All three were sentenced to rigorous imprisonment for life and to pay fine Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for one month for an offence under Section 302/149 I.P.C. They were also sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for 15 days under Section 342 I.P.C. Both sentences were directed to run concurrently. Harbans Singh and Bhupinder Singh have filed Criminal Appeal No. 711-DB of 2003. Satnam Singh has filed Criminal Appeal No. 837 DB of 2003. Both appeals shall be disposed of by this common judgment.
(3.) WAS it "Murder in the Cathedral" or Divine Justice that led to Bhupinder Singh death or simply a case of harsh punishment for a petty offence. For about six months before his death, Bhupinder Singh had been going to Gurdwara Tahli Sahib, Balerkhanpur for rendering service. Harbans Singh, Bhupinder Singh and Satnam Singh (appellants herein) as well the two juveniles were "sewadars" in the said Gurdwara Sahib. Bhupinder Singh would reach the Gurdwara at about 9.00 a.m. and return home at 7.00 P.M.;