Adarsh Kumar Goel, J. - (1.) THE appellants Gurpal Singh @ Kirpal Singh, Ranjit Kaur @ Mohindo and Jasbir Kaur @ Taro challenge their conviction under Sections 302/34 IPC for which they have been, inter -alia, sentenced to undergo life imprisonment.
(2.) CASE of the prosecution is that the deceased Avtar Singh brother of PW -1 Swaran Singh and nephew of PW -2 Surjit Singh had visited the house of the appellants on 29.12.1995 at 12 -30 P.M. with a view to persuade appellant No. 1 Gurpal Singh @ Kirpal Singh to reconcile his differences with his wife Chhinder Pal Kaur, daughter of Surjit Singh. On seeing them, appellant No. 1 got infuriated and remarked abusingly as to why the beggars had come to their house. They were penniless and had not given anything in the marriage. This remark led to an altercation. Appellant No. 1 asked his mother Ranjit Kaur to get him a kirch (knife), so that he could teach a lesson to the complainant. Appellant Jasbir Kaur @ Taro, sister of appellant No. 1 caught hold of hair of the deceased Avtar Singh from back side and appellant No. 1 gave two blows, one on the chest and one on the left arm. Ranjit Kaur picked up khilpar (piece of wood) to hit Surjit Singh, which accidentally hit Taro. The accused then fled away from the place of occurrence with their weapons. Avtar Singh was taken to the Civil Hospital, where he breathed his last. Swaran Singh PW -1 proceeded to inform the police and met Inspector Joginder Singh PW -10, who recorded his statement at 3 -30 P.M., which led to registration of FIR. PW -10 Joginder Singh went to the hospital, prepared inquest report and sent a request for post -mortem of the dead body. He then visited the place of occurrence, prepared rough site plan and recovered bloodstained earth. He arrested appellant Nos. 1 and 2 on 10.1.1996. He also recovered one kirch in pursuance of disclosure -statement of appellant No. 1 Gurpal Singh @ Kirpal Singh. Appellant No. 3 Jasbir Kaur was arrested on 21.2.1996. After completing investigation, the accused were challaned. The prosecution examined Swaran Singh PW -1, Surjit Singh PW -2, Dr. S.K. Gupta PW -3, Sukhwinder Singh, Draftsman PW -4, Constable Ajit Singh PW -5, H.K. Singla PW -6, Constable Nishan Singh PW -7, Dr. Harinder Sharma PW -8, Constable Satwant Singh PW -9, Inspector Joginder Singh PW -10 and MHC Devinder Singh PW -11.
(3.) THE accused denied the prosecution allegations. Jasbir Kaur appellant No. 3 stated that Chhinder Pal Kaur did not want to live jointly with the family of appellant Gurpal Singh @ Kirpal Singh who was the only son of his parents. On the date of occurrence, the deceased came to the house of the accused with a lathi and abused appellant No. 1. He was accompanied by four young persons. Since appellant No. 1 refused to accept the demand for separate living, the deceased opened attack with his lathi on appellant No. 1. Jasbir Kaur intervened and received injuries. Appellant No. 1 picked up the kirch lying nearby and wielded the same to save her, on account of which, Avtar Singh fell down and his companions ran away. Appellant No. 2 Ranjit Kaur was not present at the place of occurrence. Appellant No. 1 also gave similar version.;