BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant along with three other accused was tried for an offence punishable under Section 302 read with Section 34 Indian Penal Code in the court of Additional Judge, Special court, Amritsar. The learned Additional Judge acquitted the other three accused but convicted the appellant under Section 302 Indian Penal Code.

(2.) The charge against the appellant and the three acquitted accused was that on 19-3-1984 at about 6. 00 p. m. when Rasal Singh, Dalip Singh, Mukhtiar Singh and Amrik Singh were returning from their fields the appellant and three accused assaulted Amrik Singh. The appellant gave a kirpan blow to Amrik Singh on his head as a result of which Amrik Singh fell down and became unconscious. Two lathi blows were given by the other accused on his left leg. As a result of the injuries received by him Amrik Singh died on 21/3/1984.

(3.) Before the Special court prosecution mainly relied on the evidence of three eyewitnesses, namely, Public Witness 9 Rasal Singh, Public Witness 10 Mukhtiar Singh and Public Witness 11 Dalip Singh. The learned Additional Judge did not rely upon the evidence of Mukhtiar Singh but relying upon the evidence of the other two eyewitnesses and the medical evidence he held that it was proved beyond any doubt that the appellant gave a kirpan blow on the head of Amrik Singh and as a result of that injury Amrik Singh died. In view of the delay in lodging the FIR the learned Additional Judge held that there was a possibility of implicating the other three accused, who are, the father, brother and friend of the appellant even though they had not taken any part in the incident. these three accused were, therefore, acquitted.