The first information report was lodged on 21/5/94 at 5.10 a.m. while the alleged offence took place on 20/5/1994 at about 9.30 p.m. The special report reached the companycerned Magistrate at Bathinda on 21.5.1994 at 7.30 a.m. Two witnesses were pressed into service as eye witnesses.
They were seven brothers eldest being Bant Singh who was residing at village Bhagi Bander for the last 3 years.
Maghar Singh in his statement made before S.I. Piara Singh stated that he was resident of village Mansa Khurd.
Out 5 of fear they ran away outside and informed Jangir Singh Sarpanch about this occurrence.
201 of the Indian Penal Code, 1860 in short IPC .
Virpal Kaur was married with Angrez Singh.
On account of this grudge, all the accused had companynived with one another and companymitted the murder of Bant Singh by inflicting injuries to him.
Ginder Singh picked up a Gandhali lying nearby and gave two blows with the same on the head of Bant Singh which hit his head.
On the day of Baisakhi his brother Bant Singh had given beatings to his wife Manjit Kaur and on account thereof, there was a dispute in the house.
His brother Bant Singh succumbed to his injuries at the spot.
As a result thereof his brother sustained injuries on his left leg.
After taking along Jangir Singh Sarpanch with them, they had companye to lodge the report.
A day before lodging the FIR he alongwith Makhan Singh Ex Sarpanch had companye to village Bhagi Bander at about 4 M. in order to settle the dispute where the son in law of Bant Singh, namely Angrez Singh and Ginder Singh and Balbir Singh his nephews, his borthers wives Manjit Kaur and Jangir Kaur were present in the house.
His brother Bant Singh did number have companydial relations with his younger son Ginder Singh.
Notwithstanding such companyclusion as numbered above two persons were companyvicted.
6 In support of the appeal learned companynsel for the appellant State submitted that it is a peculiar case where the deceased was allegedly killed by his wife and a son, and out of two eye witnesses who were there one was his brother and the other was his friend.
Thereafter Angrez Singh took Bant Singh in his grip and Balbir Singh picked up a soti lying there and gave soti blow on shin on right leg of Bant Singh.
Appeal No.308 DB of 1995 before the High Court.
The State questioned their acquittal in Criminal Appeal No.
They stepped forward to rescue him but the accused tried to attack them also.
Ginder Singh gave one more blow with Gandhali to Bant Singh which hit him on the left ear and back side of the ear.
Manjit Kaur gave birth to Virpal Kaur and accused Ginder Singh.
It was about 9.30 p.m. During the companyrse of settlement Ginder Singh and Bant Singh exchanged hot words and his brother Bant Singh stood up and 4 started going to his room.
At that time an electric light in the companyrtyard was on.
203 DBA of 1996 which was dismissed by the High Court.
Makhan Singh and he himself raised an alarm, Na Maro, Na Maro dont kill, dont kill .
Amarjit Kaur was married with Nidhan Singh at 3 Bathinda and Jaswinder Singh was also doing labour work at Bathinda.
They were P.W. 3 and 4.
The trial Court held that the presence of these two witnesses at the time of occurrence was number established.
The two companyvicted accused persons also filed Crl.
Learned Sessions Judge, Bathinda, directed acquittal of Balbir Singh and Angrez Singh.
His brother Bant Singh came to the house at about 8 p.m. and inquired about his welfare.
2 While issuing numberice on 25/1/2002 this Court had dismissed the petition qua Manjit Kaur, Balbir Singh and Angrez Singh and restricted the numberice so far as the present respondent Ginder Singh is companycerned.
For this reason Ginder Singh was residing at Bathinda.
The cause of grudge was that about a month back on the day of Baisakhi, his brother Bant Singh had given beatings to his wife Manjit Kaur and whole family was fed up with him.
The High Court accepted the stand and directed acquittal.
In appeal the stand of the accused persons was that the FIR was delayed the eye witnesses were disbelieved and, therefore, the question of holding the accused persons guilty does number arise.
The background facts as projected by the prosecution is as follows First Information Report with regard to murder of Bant Singh hereinafter referred to as deceased was lodged by his brother Maghar Singh on 21.5.1994 at 5.10 a.m., which was recorded by S.I. Piara Singh P.W. 5.
They started talking about the settlement of the dispute.
The other accused Manjit Kaur was companyvicted for offences relatable to Sec.302 read with Sec.34 IPC and 201 IPC.
When his brother Bant Singh was lying fallen, Angrez Singh companytinued twisting his left arm while Ginder Singh companytinued twisting his left knee.
Out of them, eldest was Amarjit Kaur, whereas younger to her was Balbir Singh and youngest to all was Jaswinder Singh.
While Bant Singh was lying on the ground, Manjit Kaur and Balbir Singh companytinued giving blows thrustwise with their respective sotis on the left leg and back side of left knee and Manjit Kaur kept on saying loudly that he should be taught a lesson for giving beatings to her.
First marriage was solemnized with Jangir Kaur and second marriage kareva was performed with accused Manjit Kaur.
302 and Sec.
Dr. ARIJIT PASAYAT,J. The State of Punjab is in appeal against the judgment of the Punjab and Haryana High Court directing acquittal of the respondent who was companyvicted for alleged companymission of offence punishable under Sec.
His first wife Jangir Kaur gave birth to two sons and one daughter.
Balbir Singh gave a soti blow which hit the right side of his head as a result of which his brother Bant Singh fell down.
