GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ajit Singh and his three sons Kulwant Singh, Gurmit Singh and Mangal Singh were tried on charges under Ss. 302, 326, 324 read with S. 34 and S. 452, I.P.C. On trial, Ajit Singh and Mangal Singh have been acquitted. Kulwant Singh was held guilty under Ss. 302, 326/34, 324 and 452, I.P.C. and sentenced to various terms of imprisonment. He has chosen not to file an appeal against his conviction and sentences passed and, therefore, to that extent, the matter has achieved a finality. Gurmit Singh, accused-appellant before us, has been held guilty under Ss. 302/34,326, 324 and 452, I.P.C. He has been sentenced to life imprisonment with a fine of Rs. 1,000/-, in default to further undergo R.I. for six months, under Ss. 302/34, I.P.C. to R.I. for three years and pay a fine of Rs. 500/-, in default to further undergo R.I. for a period of three months, under S. 326, I.P.C. to R.I. for a period of two years and a fine of Rs. 200/-, in default to further undergo R.I. for one month, under S. 452, I.P.C. and to R.I. for a period of one year under S. 324, I.P.C. All the sentences have been directed to run concurrently.

(2.) Kulwant Singh and Gurmit Singh, both filed a common appeal in the High Court which has been dismissed. Accused-Gurmit Singh alone has filed this appeal by special leave. Briefly stated, the prosecution case is that on 24-5-1989, Kashmir Singh and his son Nishan Singh were sitting in their house while Jagir Kaur, wife of Kashmir Singh and his daughter Veero were cooking chapattis on tandoor. Accused-Kulwant Singh came and stood outside their house. This was objected to by Jagir Kaur who asked Kulwant Singh not to stand in front of her house. Kulwant Singh went away. After sometime Kulwant Singh armed with a kirpan, Gurmit Singh armed with a gandasi., Mangal Singh armed with a takua and Ajit Singh armed with a dang came to the house of Kashmir Singh and entered in the house. Ajit Singh gave an exhortation that Jagir Kaur had objected to Kulwant Singh standing in front of the house and so she should be taught a lesson. Kashmir Singh intervened. On this, accused-Kulwant Singh gave a kirpan blow on the head and neck of Kashmir Singh. Nishan Singh tried to rescue his father on which Gurmit Singh gave a gandasi blow which hit on his right arm. Kulwant Singh accused gave another kirpan blow which hit Nishan Singh on the right side of his head. Jagir Kaur and Veero raised an alarm shouting "Mar Ditta, Mar Ditta" whereupon the accused left the place of occurrence along with their weapons. Kashmir Singh and Nishan Singh were taken to Civil Hospital, Patti wherefrom they were referred to Amritsar Hospital. A message was given from Amritsar Hospital to the police whereupon S.I., Charan Singh along with other police officials reached the hospital and enquired if Kashmir Singh was in position to make any statement. On being opined that the injured Kashmir Singh was fit to make a statement, S.I., Charan Singh recorded the statement of Kashmir Singh which was sent to police station on the basis of which an FIR was registered. Thereafter investigation followed and on being charge-sheeted, the accused were put up for trial. Kashmir Singh died on 3-6-1989. The factum of his death was brought to the notice of the police whereupon cognizance under S. 302, I.P.C. was also taken. Post-mortem on the dead body of Kashmir Singh was performed.

(3.) Dr. N. K. Aggarwal, P.W. 9 had medically examined Kashmir Singh on 25-5-1989. He was found to have sustained the following injuries :-