GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Punjab and Haryana High Court on 26th April, 1983 in Criminal Appeal No. 15/DB/83. The said criminal appeal No. 15/DB was directed against the order of conviction and sentence passed by the learned Sessions Judge Bhatinda in Sessions Case No. 155 dated 21st of August, 1981. The learned Sessions Judge by his judgment dated 22/23rd November, 1981 convicted the accused No. 2 Gurdev Singh and accused No. 4 Rama Singh under S,302 read with S.34 of the Penal Code and sentenced them to suffer rigorous imprisonment for life. The other two co-accused namely, Sham Singh and accused No.3 Baldev Singh were acquitted by the learned Judge. By the impugned judgment, the High Court has affirmed the said conviction and sentence passed by the learned Sessions Judge.

(2.) The prosecution case in short is that Harmel Singh deceased was the husband of Surinder Kaur P.W.2 and father of Ravinder Kaur P.W.6. On 31st May, 1981, the deceased Hermel Singh was sowing narma in the field which he had taken on lease from Ajaib Singh P.W.2 Surinder Kaur after washing her clothes in the nearby canal (minor) was taking tea prepared by her daughter Ravinder Kaur, P.W.6. The said minor canal was close to the place of occurrence. The four accused persons variously armed came to the spot. According to the prosecution case, accused No. 1 Shyam Singh was armed with a single barrel gun and accused No.3 Baldev Singh had a gandhali; accused No.2 Gurdev Singh was armed with a ghandasa and accused persons emerged from the side of canal minor. On seeing the accused persons, deceased Harmel Singh stopped his tractor. Gurdev Singh opened the attack and gave ghandasa blow on the left side of the Harmel Singh. Baldev Singh gave ghandali blow on his head. Thereafter, Rama Singh gave kasia blow on the left side of the forehead. Then Harmel Singh fell down from the tractor. Baldev Singh gave ghandali blow on Harmel Singh on his back and thereafter all the accused except Shyam Singh inflicted injuries from the sharp as well as from the blunt side of their respective weapon. The said incident was witnessed by Surinder Kaur P.W.2 and Ravinder Kaur, P.W. 6 and they raised alarm. After inflicting injuries, the accused escaped from the said place with their weapons. Surinder Kaur and her daughter Ravinder Kaur went near Harmel Singh and found him dead. Thereafter, leaving Ravinder Kaur and his minor son Gurpreet Singh near the dead boy, Surinder Kaur went to the village and narrated the incident to her father Kaur Singh who had been residing with her for about two months,Both of them then left the village for lodging the report of the said incident at the police post Bhucho mandi situated at a distance of about four kilometers from the place of occurrence. On the way, they met ASI Sukhdev Singh P. W.10 near the gaushala at Bhucho Mandi at about 5.00 p.m. and Surinder Kaur made her statement at 6.15 p.m. and on the basis of the said statement First Information Report was recorded at Police Station Nathana at 8.15 p.m. ASI Sukhdev Singh, P.W.10 accompanied by Surinder Kaur P.W.2 and her father Kaur Singh and police officials went to the spot on the same day and the inquest report Exhibit P.C. was prepared and he also took blood stained earth from the place of occurrence. vide memo Exhibit, PE, The turban and pair of shoes were also taken into possession and he also took into possession container (dolu), two aluminum cups, one batti, one small kaull and one empty bottle which were lying at a distance of about 25 yards from the dead body. Soap cakes and thirteen clothes to which soap had been partly applied and one wooden thapi from near the canal minor at a distance of 200 yards from the place of occurrence were also seized by the police. The said police officer P.W.10 inspected the spot and prepared a site plan and recorded the statement of Ravinder Kaur. P.W.6 and her brother Gurpreet Singh minor son of the deceased. The autopsy on the dead body of Harmel Singh was conducted by Dr. Khem Ram P.W.1 at Civil Hospital Bhatinda on 1st July, 1981 at 5.15 p.m. The doctor found 16 injuries on the body of the deceased, four injuries were incised wounds. He noted four injuries on the head and face. Frontal temporal and parietal bones on the right hand side were found fractured underneath injuries No.s 1 and 2 , which according to the opinion of the said doctor were individually sufficient to cause death in the ordinary course of nature. According to doctor, except injury No.13, rest of the injuries of the deceased could be caused by sharp-edged weapons like gandasa and takwa used from reverse and sharp sides.

(3.) The appellant and two other-co-accused were arrested on 4th June, 1981, Shayam Singh co-accused produced his gun and two live cartridges which were seized by the ASI through memo Ex. PJ. According to the prosecution case, pursuant to the disclosure statements of the accused blood stained gandasa Ex.P.1 gandhali. Ex. P.2 and kasia Ex. P.3 were recovered from three different places near the canal minor and the said weapons were seized vide Exhibits PK/1, PL/1 and PM/1.