BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Additional Sessions Judge, Bhatinda, tried four accused for the offences punishable under Section 302 read with Section 34 IPC. Initially, the final report filed by the police was against five accused, but one of the accused was discharged. The Sessions Judge acquitted all the four accused. The State of Punjab filed a criminal appeal against the acquittal of the accused persons and the de-facto complainant filed a revision challenging the acquittal. The appeal and the revision were considered by the High Court and the Division Bench found all the four accused guilty of the offences punishable under Section 302 read with Section 34 IPC and each one of them was sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/-, with a default sentence of six months further imprisonment. Aggrieved by the findings of the High Court, A-2 and A-3 have filed Criminal Appeal Nos. 776-777 of 2004 and the fourth accused, Balbir Singh has filed Criminal Appeal Nos. 713-714 of 2004. During the pendency of the appeal before the High Court, the first accused, Gorkha Singh passed away.

(2.) The incident giving rise to these appeals happened on 1.10.1993 at about 9.30 AM. Deceased Tara Singh had purchased an agricultural field in village Kailey Bander from one Gurdial Kaur in 1990 and since then he had been cultivating that land with the help of his sons, PW-2 Badal Singh, Gurdev Singh and Harpal Singh. According to the prosecution, the appellants herein expected to inherit the property owned by Gurdial Kaur on her death and the purchase of the property by Tara Singh was resented to by them and they bore a grudge against him. On the date of the incident, PW-2 Badal Singh and his father deceased Tara Singh were coming back from the field. PW-3 Jaswinder Kaur, the daughter-in-law of deceased Tara Singh was also in the near vicinity. When Tara Singh reached near the field of one Mithu Singh, the four appellants, namely, Sikander Singh, Gora Singh, Gorkha Singh and Balbir Singh emerged from the nearby field and Gora Singh told that Tara Singh must be taught a lesson. Sikander Singh, threw away his Sotti (wooden stick) and caught hold of Tara Singh. The turban of Tara Singh fell down whereupon Gorkha Singh, who was armed with a kulhari (axe) gave a blow on the left side of the head of Tara Singh. Gora Singh, who was armed with an axe, also hit Tara Singh on the right side of his head. Balbir Singh also gave two blows to Tara Singh with a Ghope (pointed rod). PW-2 Badal Singh and PW-3 Jaswinder Kaur cried out, but the appellants continued to give blows to Tara Singh, who fell on the ground and died. PW-2 Badal Singh left PW-3 Jaswinder Kaur near the dead body of his father and went to meet the Sarpanch of village Kailey Bander. The Sarpanch was not available, so PW-2 reported the incident to his brother, Bhag Singh. He had also met Chowkidar Banta Singh. It may be noticed that Tara Singh was formerly a permanent resident of village Virk Khurd and only after the purchase of the property from Guardial Kaur he had come down and settled near the agricultural field. PW-2 Badal Singh then proceeded to his village Vir Khurd and met Jaswant Singh, the elder brother of his father and along with him he went to the police station and gave the First Information Report.

(3.) The Asstt. Sub-Inspector Bhajan Singh PW-5 took over the investigation and reached the place of incident. He recovered the turban and shoes worn by deceased Tara Singh and some blood- stained soil from the place of incident. He held inquest over the dead body and sent the same for post-mortem examination through the Head Constable. There were as many as thirteen injuries on the body of deceased Tara Singh. PW-1 Dr. Kulbir Singh, who conducted the post-mortem deposed that injury no. 11 was fatal and the two horizontal bruises measuring 15 x 2 cms had corresponding internal injury and the seventh and the eighth ribs of deceased Tara Singh were fractured and the fractured ribs had pierced the lung tissue. According to him, the death was due to hemorrhage and shock.