IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA No.529-DB of 2001 Date of decision : 15.09.2010 Raghbir Singh and another ...Appellants Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mrs. Baljit K. Mann, Advocate, for the appellants. Mrs. Gurveen H Singh, Addl. A.G. Punjab. Mr. P.B.S. Goraya, Advocate, For the complainant. JITENDRA CHAUHAN, J. The present appeal has been preferred by the accused appellants, namely, Raghbir Singh son of Dial Singh and Dial Singh son of Puran Singh, against the judgment of conviction dated 4.9.2001 under Section 302/34 IPC and order of sentence dated 6.09.2001 (hereinafter as ‘impugned judgment’) passed by learned Sessions Judge, Amritsar (hereinafter as ‘trial Court’). The accused-appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- each under Section 302 read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each. The facts of the prosecution case in brief, as set up in para 2 of the impugned judgment, are as under:- “2. The case of the prosecution, in brief, is that Charanbir Singh, complainant, son of Bir Singh (deceased) lodged report with Police, when he made statement before S.I. Gurbans Singh, SHO Police Station Jhabal on 12.6.1998 at Adda Gaggo Bua. Inter alia, the complainant stated before police that he along with his deceased father Bir Singh and other family members was residing in the Behak constructed by them on their land situated in village Bhuchar Khurd. According to him, a case was pending in the Court between accused Dial Singh and his father and the said case was pending in the Court at Tarn Taran. The same was fixed for 11.6.1998 and Bir Singh returned home after attending the date of hearing in the said case. Allegedly, the complainant had prepared one kila of land for sowing paddy. The complainant told his father to tell the labourers for paddy sowing. At that time, Raghbir Singh alias Kukku accused along with his father Dial Singh accused were sitting on the Watt of the land which adjoined the land of the complainant. The complainant accompanied with his father Bir Singh and elder brother of Bir Singh, namely, Milkha Singh went to village to ask for the labourers. When they were coming back to their Behak, Bir Singh was going slightly ahead of the complainant and Milkha Singh. Both complainant and Milkha Singh sat on the ground for urinating themselves. It was about 10.00 PM at night Raghbir Singh alias Kukku and his father Dial Singh accused were returning after ploughing their land with tractor. The accused came across Bir Singh near the house of Sarpanch Jarnail Singh, when, accused Raghbir Singh alias Kukku applied brakes to his tractor, stopped it and abused Bir Singh. Accused Raghbir Singh challenged Bir Singh that he was making big hue and cry about eucalyptus trees. Accused Dial Singh gave a blow with tractor iron draw bar on the arm of Bir Singh, while, accused Raghbir Singh gave kasi blow on the had of Bir Singh, as a result of which he fell down on the ground. While Bir Singh was lying on the ground, Dial Singh accused gave him more blows with iron draw bar of the tractor and accused Raghbir Singh gave him kasi blows which hit him on his head. According to complainant, he and his uncle Milkha Singh had witnessed the occurrence in moon lit night and raised raula ‘Mar Dita’ ‘Mar Dita’. Bir Singh died at the spot on account of the injuries suffered by him and both the accused ran away along with their weapons after reversing the tractor on which they had come.” On the above statement, FIR in the present case came to be registered on 2.6.1998. Thereafter, SI Gurbans Singh then accompanied the complainant and reached at the place of occurrence in the area of village Bhuchar Khurd, where dead body of Bir Singh was lying. The Investigating Officer prepared its inquest report in present of the witnesses’ inspected the place of occurrence; got photographs of the place of occurrence taken; lifted blood stained turban, which were made into sealed parcels and taken into police possession. The dead body of Bir Singh was dispatched for post-mortem examination and on his return to Police Station Jhabal, SI Gurbans Singh deposited the case property with seals intact with MHC at Police Station Jhabal. The clothes removed from the dead body were produced before the Investigating Officer, when these were taken into police possession. The Investigating Officer received secret information against both the accused and arrested both of them from their village Bhuchar Khurd. The accused were examined under Section 313 Cr.P.C. while putting them all the incriminating circumstances appearing against them in the prosecution evidence, which they denied and pleaded to be innocent. No defence evidence was led by the accused. The learned trial Court, on the basis of pleadings of both the parties, convicted the accused appellants for the offences and sentenced them for the term as indicated at the outset of this judgment. Aggrieved against the judgment of conviction and order of sentence, the accused have preferred the present appeal before this Court, which stands admitted vide order dated 4.10.2001. atulsethi