Ramendra Jain, J. - (1.) This judgment shall dispose of CRA -D -374 -DB -2003 and CRR -1307 -2003, as both have arisen out of the same judgment of conviction and order of sentence dated 25.02.2003, passed by the learned Sessions Judge, Ambala. CRA -D -374 -DB -2003, has been preferred by Pritam Singh -appellant for his acquittal and CRR -1307 -2003 was filed by Gurmeet Kaur -complainant for enhancement of life imprisonment awarded to the appellant (in CRA -D -374 -DB -2003) to capital punishment. For brevity, the facts are being extracted from CRA -D -374 -DB -2003.
(2.) The appellant was tried for committing offences punishable under Ss. 302 and 307 of the Indian Penal Code (for short 'IPC') for intentionally causing death of his brother Sunder Singh on 11.05.1989 and also injuries to his brother Mohinder Singh with an intention to murder him in the area of village Mehtabgarh. The appellant was also tried for committing offence under Sec. 27 of the Arms Act for keeping in possession one spring actuated knife with the intent to commit aforesaid offences. Vide impugned judgment and order of sentence dated 25.02.2003, the learned Sessions Judge, Ambala held the appellant guilty and accordingly, convicted him under Ss. 302/307 IPC and Sec. 27 of the Arms Act and sentenced him as under: - 1. Under Sec. 302 IPC Imprisonment for life and a fine of Rs. 10,000/ -. In default of payment of fine, further undergo rigorous imprisonment for a period of six months; 2. Under Sec. 307 IPC Rigorous imprisonment for seven years and a fine of Rs. 10,000/ -. In default of payment of fine, further undergo rigorous imprisonment for a period of six months; and
(3.) Under Sec. 27 of the Arms Act Rigorous imprisonment for two years and a fine, of Rs. 500/ -. In default of payment of fine further undergo rigorous imprisonment for a period of three months. All the substantive sentences were ordered to run concurrently. 3. According to the prosecution story, Bachan Singh had three sons, namely; Pritam Singh -appellant, Sunder Singh (deceased) and Mohinder Singh. They all were serving in the Indian Army. The marriage of their sister was to be solemnized on 07.05.1989. It was agreed that each of the brothers would contribute Rs. 10,000/ - towards the expenses of marriage. Sunder Singh (deceased) and Mohinder Singh, contributed the aforesaid amount, but Pritam Singh -appellant did not contribute any money. Pritam Singh and his family members also did not attended the said marriage and thereafter, started their separate kitchen. On 11.05.1989, around 8.30 P.M., Sunder Singh (deceased) and his brother Mohinder Singh were having dinner in a room of their house. Their father Bachan Singh was also present in the courtyard at that time. Charanjit Kaur wife of Mohinder Singh was preparing the meals while Gurmeet Kaur (complainant) wife of Sunder Singh (deceased) was serving the food. Appellant came there and started abusing his brothers. He shouted and asked them to vacate the house immediately. Sunder Singh and Mohinder Singh told the appellant that they have every right to stay in the house which belonged to their father as they have contributed in the marriage of their sister. At this, the appellant got enraged and took out a knife from his pocket and gave 4 -5 blows in the abdomen of Sunder Singh. When Mohinder Singh tried to rescue his brother Sunder Singh, he was also given knife blows in his abdomen by the appellant. As a result of the injuries received by them, Sunder Singh and Mohinder Singh fell on the ground. Their father Bachan Singh ran to rescue them, the appellant ran away from the spot along with his knife. Bachan Singh by arranging a truck with the help of co -villagers brought Sunder Singh and Mohinder Singh to Military Hospital, Ambala Cantt. accompanying the complainant -Gurmeet Kaur. However, Sunder Singh, succumbed to his injuries on the way to hospital. Mohinder Singh was got admitted in Military Hospital, Ambala Cantt. The complainant returned back to home in the same truck, whereas Bachan Singh stayed in the hospital. On the next day, Gurmeet Kaur, had made statement before the police and lodged FIR Ex. PF. The post -mortem examination on the dead body of Sunder Singh was got conducted on 12.05.1989 at General Hospital, Ambala City. The investigation of this case was conducted by SI Parmal Singh, who died during the trial and, thus, he could not appear as a prosecution witness after remand of the case. The Investigating Officer had prepared rough site plan Ex. PS of the place of occurrence. He also collected the blood stained earth from the spot and took the same in police possession. The inquest proceedings were also conducted. The appellant was arrested. He got recovered a knife in pursuance of his disclosure statement Ex. PJ. After completion of investigation, report under Sec. 173 Cr.P.C. was filed against him in the Court. He was held guilty vide judgment dated 31.08.1992 and sentenced vide order dated 04.09.1992 under Ss. 302/307 IPC and Sec. 27 of the Arms Act by the learned Additional Sessions Judge, Ambala.;