STATE OF PUNJAB Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal preferred by the State of Punjab against the acquittal of two accused persons namely Joginder Singh and Nachhattar singh. These two accused persons were tried by the Sessions Judge, Ferozepur, for having caused death of Makhan Singh. The Sessions judge found both of them guilty of the offence punishable under Section 302/34 IPC and sentenced them to undergo imprisonment for life. Aggrieved by the same they filed appeal before the High Court and the High Court was pleased to find them not guilty and acquitted them of the charges framed against them under Section 302 IPC read with Section 34 IPC. The acquittal of these accused is challenged before us.

(2.) The incident happened at about 10 p. m. on 20-4-1992. The deceased Makhan singh was the son of PW-2 Gurdial Singh. On the date of incident Makhan Singh and his brother Amrik Singh returned to their house after the days work. They were about to take meals when accused Joginder Singh and nachhattar Singh came there and demanded hundred rupees from Makhan Singh which he had borrowed from accused Joginder Singh. Makhan Singh was not in a position to pay Rs. 100/-, but Joginder Singh insisted that money should be paid immediately and he started abusing Makhan Singh and others. Joginder Singh then caught hold of him by tuft and dragged him towards his house. PW-2 Gurdial Singh and his son Amrik Singh followed and Gurdial singh implored not to kill his son. Joginder singh kicked Makhan Singh on his chest and pressed his neck with his hands. According to the prosecution Nachhattar Singh sat on the legs of Makhan Singh. Hearing alarm raised by PW-2 Gurdial Singh, three other persons came to the scene of occurrence. Accused joginder Singh and Nachhattar Singh ran away from the place. Makhan Singh who was lying on the floor unconsciously was brought to the house of PW-2. An attempt was made to pour water in his mouth but he died immediately. PW-2 contacted Dharam Singh, Sarpanch, of the village in the night itself and as it was the time of disturbed conditions in that area he could not go to the police station to lodge FIR and on the next day at 7.20 a. m. he gave first information statement which was recorded by the ASI.

(3.) Pw-1 to PW-6 were examined on the side of the prosecution. PW-1 who conducted the post-mortem examination found as many as nine injuries on the body of the deceased. Injury nos. 1 to 8 are abrasions on the various parts of the body. Injury No. 9 is abrasion 4.5 cm. x 2.5 cm on the joint aspect of neck and its lower point. The post mortem examination revealed that as a result of the neck injury, hyoid bone was fractured and on dissection of the neck, there was subcutaneous haematoma below the injury No. 9.