DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is An appeal under Section 379, Cr. P. C read with S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. There are five appellants. They were tried by Sessions Judge, Rupnagar for offences punishable under Sections 148, 302/149, 307, 323, 324, 325, I.P.C. and S. 27 of the Indian Arms Act for causing the death of Kaka Singh, the deceased in the case. The trial Court acquitted them. The State preferred an appeal against the said acquittal. The High Court set aside the order of acquittal and convicted each of them under S. 302/ 149, I.P.C. and sentenced to undergo imprisonment for life and also to undergo various other terms of imprisonment for other offences. The sentences were directed to run concurrently. The facts which give rise to this appeal are as follows.

(2.) The deceased Kaka Singh and the principal witnesses P.Ws. 18 and 19 belong to Village Chao Majra, P.S. Mubarakpur. P.W. 22 Mastan Singh was the Sarpanch of the Village. There was enmity between P.W. 22 and the accused and his family members because of some civil disputes. On 2nd December, 1978, the day of occurrence, the deceased along with his brother Prem Singh, P.W. 19, his son Labh Singh, P.W. 18 and some other persons worked in the field of P.W. 22 the Sarpanch for remodelling the ridges of the potato crop till 5.15 p.m. and then came to the Village. All of them were sitting in the house of the deceased discussing about the next day operation. As they were conversing with each other, brickbats started falling in the courtyard of the house. The deceased climbed on the roof top of his house to ascertain wherefrom the brickbats were coming. The other persons who were there also followed the deceased and went to the roof top. From the roof top the deceased, P.Ws. 18, 19, 22 and one Joginder Singh saw all the five accused coming from the chobara of A-2 Gurdev Singh. Accused Nos. 1, 2, 3 and 4 were armed with barchhas while A-5 was armed with a lathi. Having reached the place where the deceased and others were standing, A-2 Gurdev Singh opened the attack by giving a blow with barchha A the left side of the chest of the deceased. The deceased fell down. Then A-1 Dharam Singh gave two barchha blows on the left abdominal region of the deceased. Then A-3 Sital Singh gave a barchha thrust on the left leg of the deceased. Thereafter he also twisted and fractured the same leg of the deceased. A-5 Bhag Singh gave a lathi blow on the wrist of the deceased. When Prem Singh, P.W. 19 stepped ahead to save his brother Kaka Singh, A-4 Ajmer Singh gave a barchha blow on his back. A-3 Sital Singh gave a barchha blow near the right elbow of P.W. 19 Prem Singh. On receipt of these injuries, P.W. 19 also fell on the ground. The other three persons, P.Ws. 18 and 22 and Joginder Singh raised alarm. Thereupon the accused left the place, The deceased and P.W. 19 were brought down from the roof top and they were taken to the hospital at Kharar in a truck. On reaching the hospital, P.W. 18 Labh Singh and P.W. 22 Mastan Singh, Sarpanch left for the Police Station and there P.W. 18 Labh Singh lodged a report at about 11 p.m. P.W. 25 the Sub-Inspector of Police recorded the FIR and took up the investigation. As the deceased was not in a fit condition, P.W. 25 could not record his statement. He continued the investigations. Meanwhile the deceased was already referred to P.G.I. Hospital, Chandigarh. P.W. 5 Dr. T. S. Mohant examined the injured deceased and he found an incised wound over the left side of the chest and decided the nature of treatment. Before that another Doctor, P.W. II Dr. N. C. Dass Gupta examined the deceased at 9.30 p.m, and found five injuries. P.W. II also examined P.W. 19 Prem Singh and found two incised wounds which were simple. The deceased, however, died on 8-12-78. P.W. 13 Dr. Inderjit Dewan conducted the post-mortem on the body of the deceased and he found eleven injuries. Some of them are post-operation wounds. Wounds Nos. 1 and 2 were on the abdomen. The third wound was on the left side of the chest going into pleural cavity. There was a lacerated wound on right forearm. The seventh wound was on the abdomen going into peritonial cavity. The next wound was a lacerated wound on the right leg with a fracture underneath. He opined that the cause of death was septiceamia which was caused due to consolidation of the left lung as a result, of penetrating stab injury and penetrating stab injuries to the abdomen. The accused were arrested and some recoveries were effected. After completion of the investigation, the charge-sheet was filed. The plea of the accused has been one of denial. A-1 Dharam Singh was working as an Officer in the Public Works Department, Irrigation Branch at Chandigarh and he pleaded alibi stating that at the time of occurrence he was at the place of his posting namely at Chandigarh. In support of his alibi he examined D. Ws. 1, 2 and 4. Likewise, A-2 Gurdev Singh claimed that he was working at Patiala and on the day of occurrence he was at Patiala. But he has not examined any witness in support of his plea. The other accused pleaded not guilty.

(3.) The prosecution mainly relied on the evidence of the eye-witnesses P.Ws. 18, 19 and 22. The trial Court held that the presence of P.W. 18 Labh Singh was doubtful and P.W. 19, though injured, was an interested witness and P.W. 22 was inimical towards the accused. The trial Court also pointed out some infirmities in their evidence and accordingly acquitted the accused. The High Court, on the other hand, held that the trial Court rejected the evidence of the injured witness P.W. 19, Prem Singh on untenable grounds and that his evidence is supported by the evidence of other two eye-witnesses and that their version is consistent and stands corroborated. The High Court rejected the alibi evidence as uninspiring and accordingly reversed the order of acquittal. Hence the present appeal.