A.N. Jindal, J. - (1.) BUR Singh and his two sons namely Kulwinder Singh and Parminder Singh (hereinafter referred to as 'the accused') were charged under Section 302/120 -B read with Section 34 IPC for committing murder of Surjan Singh on 6.10.1999 in the area of village Marrianwala, Police Station Sadar Batala. Consequently, they were convicted vide judgment dated 1.2.2005 passed by the learned Sessions Judge, Gurdaspur and sentenced as under: Bur Singh U/s 302 IPC To undergo life imprisonment and to pay fine of Rs. 5000/ -. In default of payment of fine to further undergo rigorous imprisonment for six months., Kulwinder Singh and Parminder Singh U/s 302/34 IPC To undergo life imprisonment and to pay fine of Rs. 5000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months each.
(2.) ON 5.10.1999, Bur Singh had given beatings to the son of Manjit Singh for passing through their fields to which Surjan Singh had objected, therefore, the accused were annoyed and challenged to teach him a lesson. On 6.10.1999, at about 6.00 AM, Sukhraj Singh - complainant (hereinafter referred to as 'the complainant') along with his father Surjan Singh was going towards his well to milch the cattle. Surjan Singh was ahead of the complainant. When they reached near the field of Hazara Singh, the accused came there. Bur Singh raised lalkara that they be caught and taught a lesson for showing sympathy with the public. Kulwinder Singh accused inflicted a datar blow on the right arm of Surjan Singh, Bur Singh inflicted him sua blow on his right temporal region, resultantly, he fell down. Thereafter Parminder Singh accused inflicted dang blow to him on his shoulders. Thus, all the accused inflicted more blows to him with their respective weapons. The hue and cry raised by Sukhraj Singh attracted Jasbir Singh and Kulbir Singh to the spot. At this, the accused fled away with their respective weapons. Surjan Singh succumbed to the injuries at the spot.
(3.) AFTER leaving Jasbir Singh and Kulbir Singh near the dead body, the complainant went to the police station, but ASI Lakhbir Singh met him at Aliwal Chowk to whom he got recorded his statement Ex.PD, which was completed at 7.30 AM, on the basis of which FIR Ex.PD/2 was registered at 8.30 AM. The distance of the Police Station Sadar, Batala is 4 kms from the place of occurrence. The FIR was received by the Illaqa Magistrate at 9.00 AM. ASI Lakhbir Singh visited the place of occurrence; prepared the rough site plan; lifted blood stained earth from the spot; took into possession one shoe of plastic; got conducted postmortem examination on the dead body of the deceased; and took the clothes of the deceased into possession. Accused Bur Singh was arrested on 11.10.1999 and he got recovered dang fitted with sua under the chaff in his residential house and Kulwinder Singh accused got recovered dater from underneath the heap of chaff lying in his verandah in pursuance of their disclosure statements under Section 27 of the Evidence Act. On 28.10.1999, Parminder Singh accused was arrested by Inspector Lakhbir Singh CIA Staff, Batala. Completion of the investigation was followed by a report under Section 173 Code of Criminal Procedure;