A.N.JINDAL,J - (1.) OUT of four accused, Nikka Singh was acquitted and the accused-appellants namely Sudagar Singh, Najam Singh and Nahar Singh (hereinafter referred to as 'the accused') were convicted under Section 302 and 302 read with Section 34 IPC, vide judgment dated 30.9.2005 passed by the learned Additional Sessions Judge, Bathinda and sentenced as under : Nahar Singh U/s 302 IPC To undergo life imprisonment and to pay fine of Rs. 3000/- and in default of payment of fine to further undergo rigorous imprisonment for two years. Sudagar Singh and Najam Singh U/s 302/34 IPC To undergo life imprisonment and to pay fine of Rs. 3000/- and in default of payment of fine to further undergo rigorous imprisonment for two years each.
(2.) THE factual matrix of the case as unfolded by the prosecution is that Darshan Kaur wife of Teja Singh Tufan, Majhbi Sikh, resident of Amarpura Basti, Bathinda was a member of the Shromoni Gurdwara Parbhandak Committee (hereinafter referred to as 'SGPC'). Gurdwara Sahib Baba Jiwan Singh is situated near railway crossing at Bathinda, where Sudagar Singh accused was working as Sewadar. Teja Singh (deceased) was the member of musical team. On the election of the complainant as member of S.G.P.C. about three years prior to 17.4.2002, she and her husband at the instance of neighbours removed Sudagar Singh from the post of Sewadar of the aforesaid Gurdwara, on account of which, he and his sons Nahar Singh and Najam Singh alias Roshan Singh developed a grudge against him. About 2-3 years prior to the present occurrence, accused Nahar Singh had inflicted injuries to Gurdip Singh son of the complainant, in respect of which a criminal case was also registered. Again on 20.8.2001 Nahar Singh had fired at the deceased in respect of which FIR No. 373 dated 20.8.2001, under Sections 307 IPC and 25 of Arms Act was registered at Police Station Kotwali, Bathinda and in that case Nahar Singh was convicted and sentenced. On 17.4.2002 at about 7.30 PM, the complainant along with the deceased was coming to their house situated at Amarpura Basti, when they were a little ahead of railway crossing on the turning, the accused Sudagar Singh came in front of the scooter and stopped the deceased. The complainant was sitting on the pillion seat. The street light was on. Immediately, Najam Singh alias Roshan Singh put a piece of cloth over the face of Teja Singh while Nahar Singh inflicted dagger blow in his abdomen. Then both the complainant and the deceased had fallen from the scooter. On raising hue and cry by the complainant, the accused fled away from the spot. The deceased was shifted to Civil Hospital, Bathinda. On receiving the QST message from the Police Post Civil Lines, Bathinda regarding the arrival of the dead body in the hospital, ASI Angrej Singh reached the hospital, recorded the statement of complainant Ex.PF, on the basis of which FIR Ex.PF/2 was registered. Investigation was set in motion. ASI Angrej Singh prepared the inquest Ex.PE; got conducted the postmortem examination; visited the place of occurrence; and prepared the rough site plan Ex.PG. On 19.4.2002, he recorded supplementary statement of the complainant in which she included Nikka Singh as an assailant, on the allegations he had also caught her husband from his arms when Nahar Singh inflicted injury in his abdomen. Further investigation was conducted by the Inspector/SHO Shiv Shambu Nath, who arrested the accused Nahar Singh on 25.4.2002 and got recovered the dagger on the basis of disclosure statement Ex.PJ made by him. He arrested accused Nikka Singh on 7.5.2002 and Najam Singh on 23.5.2002. On completion of the investigation, challan was presented against them.
(3.) CONSEQUENTLY , they were charged for the aforesaid offences to which they pleaded not guilty and claimed trial.;