STATE OF PUNJAB Vs. SUCHA SINGH

JUDGEMENT

(1.) By an order dated 15-6-1990, the Addl. Sessions Judge, Amritsar convicted the accused Sucha Singh, Major Singh and Kashmir Singh alias Bitoo for an offence under Section 302/34, I.P.C. and sentenced them to undergo RI for life and a fine of Rs. 5000/- each and in default of payment of fine further RI for 2 years each. Being aggrieved, the accused preferred an appeal i.e. Criminal Appeal No. 220 DB of 1990. By the impugned judgment and order dated 11-5-1992, the High Court has reversed the conviction and sentence passed by the Addl. Sessions Judge and recorded the acquittal of the accused. This appeal has been preferred by the State.

(2.) Briefly stated, the prosecution case is that PW-4 Gurdial Singh lodged a complaint at S.G.T.B. Hospital, Amritsar on 8-10-1987 at 11.40 a.m. to the effect that he was a resident of village Lawan and was an agriculturist. He had two sons. The elder one was Sarabjit Singh (deceased) and the younger one was Gurwinderpal Singh. He further stated that his wife Amarjit Kaur was having pain in the abdomen and was suffering from dysentery. At about 7.00 a.m. complainant Gurdial Singh was in his fields which is adjacent to the metalled road. PW-5 Shangara Singh was present in his fields, which is adjoining to the fields of Gurdial Singh. While PWs-4 and 5 were talking about the current situation prevailing in the State, his son Sarabjit Singh came there on his scooter No. PAA-660 and on being inquired from PW-4 as to where he was heading to, his son told that he was going to bring medicine for his mother from Chogawan. When he had hardly covered a distance of about 20/21 karams, the accused Sucha Singh armed with Kirpan, Major Singh armed with Gandasi and Kashmir Singh alias Bitoo armed with datar emerged from the fields of basmati crops and encircled his son Sarabjit Singh. He further stated that accused Sucha Singh raised lalkara that the deceased be taught a lesson for the murder of Kuldip Singh, nephew of Sucha Singh, committed by him and others earlier. Sucha Singh gave two kirpan blows successively which hit on the head and forehead of Sarabjit Singh, resulting in the fall of Sarabjit Singh on the ground. Thereafter, the accused Bitoo gave two datar blows, which hit Sarabjit Singh on the head towards the side of right ear and right wrist. Accused Major Singh gave two gandasi blows successively which hit Sarabjit Singh on the right eye and forehead. Accused Sucha Singh gave further kirpan blow, which hit Sarabjit Singh on his wrist of left arm. Bitoo gave datar blow on the right ankle. On alarm being raised by Sarabjit Singh Mar Ditta, Mar Ditta, his father Gurdial Singh PW-4 and Shangara Singh PW-5 went running towards the place of occurrence and on seeing them all the accused fled away with their respective weapons. Sarabjit Singh was immediately taken to S.G.T.B. Hospital, Amritsar and was admitted for treatment at 9.20 a.m. He expired at 10.00 a.m. and the FIR was lodged at 11.00 a.m., as noticed. The motive of the crime, as stated in the FIR, was that about two years prior to the occurrence, Kuldip Singh nephew of Sucha Singh had been murdered by the complainant party in which all the complainant party were acquitted by the High Court. Accused Sucha Singh was the prosecution witness in that case and deposed against the complainant party, and therefore, he and co-accused nursed a grudge against the complainant party. The High Court, on reappraisal of the evidence, recorded the acquittal of the accused mainly on two grounds; (1) that the presence of PWs-4 and 5 at the place of occurrence is doubtful and (2) that the ocular testimony is belied by the medical evidence, with regard to the injuries sustained by the deceased. PRESENCE OF PW-4 AND PW-5 AT THE PLACE OF OCCURRENCE

(3.) It is submitted by Mr. Sudhir Walia, learned counsel for the appellant, that the presence of PWs-4 and 5 at the place of occurrence has been wrongly disbelieved by the High Court. According to him, the prosecution has established the presence of PWs-4 and 5 at the place of occurrence. Moreso, PW-4 being the father of the deceased is a natural witness and inspired evidence.