JASWINDER SINGH (DEAD) Vs. NAVJOT SINGH SIDHU

JUDGEMENT

(1.) The original controversy emanates from an FIR dtd. 27/12/1988 under Sec. 304/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') registered by the Sub-Inspector of P.S. Kotwali of Patiala District, Punjab on the basis of the information given by one Shri Jaswinder Singh (Informant) about an occurrence around 12:30 p.m. at the traffic light of Battian Wala Chowk. The Informant and one Avtar Singh (PW-3 and PW-4 respectively) were travelling with the deceased, Gurnam Singh in a Maruti Car driven by the deceased. Apparently, a dispute arose on the right of way between the accused and the deceased and respondent No. 1 (the first accused) came out of his vehicle, pulled out the deceased from his vehicle and inflicted fist blows. As per the Informant his endeavour to intervene resulted even in the second accused (respondent No.2) (not mentioned in the FIR) getting out of the vehicle and giving fist blows to the Informant. It was alleged that the car keys of the deceased's car were removed by the accused and they fled from the scene of occurrence. PW-3 and PW-4 took the deceased in a rickshaw to the hospital where the doctors announced that Gurnam Singh was dead.

(2.) A post-mortem was conducted by Dr. Jatinder Kumar Sadana (PW-2), who recorded that the injuries were ante-mortem in nature and caused by a blunt weapon though he reserved his opinion on the cause of death as it could apparently be given only after receiving the report of the pathologist. The Pathologist's report dtd. 9/1/1989 noticed a large number of abnormalities in the condition of the deceased's heart and did not notice any pathology insofar as the brain is concerned. Even after the Pathologist's report, PW-2 did not give a definite opinion regarding the cause of death of Gurnam Singh. Thereafter, PW-2 wrote to the Civil Surgeon, Patiala on 11/1/1989 requesting that the case be referred to Forensic Expert, Government Medical College, Patiala, as a result of which a Medical Board was constituted consisting of six members. Two of these members were examined as PW-1 and PW-2 but a very cryptic opinion was given by PW-1 with disinclination to give any further clarification when sought for by the prosecution.

(3.) A chargesheet dtd. 6/3/1989 was filed on 14/7/1989 under Sec. 304 of the IPC against respondent No.2, exonerating respondent No.l. During the course of trial, the Sessions Court exercised its powers under Sec. 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') and after recording the statement of the Informant summoned respondent No.l to stand trial. The Informant also filed a private complaint against both the accused for commission of offences under Ss. 302/324/323 read with Sec. 34 of the IPC.