RAGHBIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by the affirmation of the conviction and sentence of the appellants made by the High Court of Punjab & Haryana this appeal has been filed upon grant of special leave under Article 136 of the Constitution. Specifically, the appellant No. 4 Kamal Kumar has been convicted under Section 302, Section 324 and Section 323 read with Section 34 of the Indian Penal Code. He has been sentenced to undergo RI for life for the offence under Section 302 IPC whereas for the offences under Sections 324 and 323/34 IPC he has been sentenced to undergo RI for 2 years and 1 year respectively. Insofar as appellants 1, 2 and 3 are concerned, they have been found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo RI for life. The aforesaid accused appellants have also been found guilty of the offences under Section 324 read with Section 34 and Section 323 of the Indian Penal Code and have been sentenced to undergo RI for 2 years and 1 year respectively.

(2.) The prosecution case, which has been held to be established by the learned courts below, is to the effect that on 14.1.1991 at about 7.00 a.m. when PW-2 Ram Singh and PW-4 Surinder Kumar (brothers) had gone to the fields to answer the call of nature, in front of the house of the appellant No. 1 Raghbir Chand, the four accused persons had assembled. According to the prosecution, while the appellant No.1, Raghbir Chand, was armed with a Dang, appellant No.2, Varinder Kumar, was armed with an iron rod whereas appellants 3 and 4, Vijay Kumar and Kamal Kumar, were armed with an iron fork and a knife respectively. According to the prosecution, appellant No. 1 Raghbir Chand exhorted the other accused that PW-2 Ram Singh and PW-4 Surinder Kumar should be taught a lesson for having abused the appellant Raghbir Chand the previous evening. Thereupon, according to the prosecution, appellant No. 2 Varinder Kumar gave a blow from the iron rod in his hand which was aimed at the head of PW-4 Surinder Kumar. Appellant No. 4 Kamal Kumar is alleged to have given a knife blow on the left flank of PW-4 whereas appellant No. 1 Raghbir Chand, it is alleged, gave a dang blow on the right elbow of PW-2 Ram Singh. It is further alleged that appellant No. 4 Kamal Kumar gave a knife blow on the head of PW-2 Ram Singh. The further case of the prosecution is that at this stage deceased Rajinder Kumar and PW-5 Sushil Kumar (brothers of PW-2 and PW-4) came to the place of occurrence whereupon the appellant No. 4 gave 4-5 knife blows in the abdomen of deceased Rajinder Kumar who fell down on the ground. The prosecution had further alleged that appellant No. 3 Vijay Kumar gave blows from the iron fork on the forehead of PW-5 Sushil Kumar whereas appellant no.1 Raghbir Chand gave fist blow on the left eye of PW-5. Appellant No. 2 Varinder Kumar is alleged to have assaulted PW-5 Sushil Kumar on the left leg with the iron rod. Thereafter, according to the prosecution, the appellants left the spot alongwith their weapons. The injured were reportedly taken to the Civil Hospital, Pathankot from where Rajinder Kumar was referred to S.G.T.B. Hospital Amritsar. However, Rajinder Kumar died on the way to the hospital at Amritsar on 14.1.1991.

(3.) Of the 9 witnesses examined by the prosecution, PW-2 Ram Singh, PW-4 Surinder Kumar and PW-5 Sushil Kumar are the injured eye witnesses. PW-1 Dr. R.K. Khanna, SMO, Civil Hospital, Pathankot had examined and treated the deceased Rajinder Kumar and the injured eye witnesses. The reports of medical examinations prepared and signed by the aforesaid PW-1 have been exhibited by the prosecution. Also exhibited are the medical reports prepared by PW-1 upon examination of appellants No. 1, 2 and 3 who were also found to have sustained injuries. The aforesaid medical examination of the deceased, injured eye witnesses as well as the appellants No. 1, 2 and 3 were conducted on the same day, i.e., 14.1.1991. It will also be necessary to notice the evidence tendered by PW-6 Dr. N.K. Aggarwal who had conducted the postmortem of the deceased Rajinder Kumar.