SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Four accused persons, raghubir Singh alias Bhira s/o Chanan Singh, sukhdav Singh alias Billa s/o Chanan Singh, Sukhdev singh s/o Chanan Singh. Kulwant Singh s/o Chanad singh originally accused Nos. 1 to 4 respectively were tried for offences punishable under Sections 302, 307.323 read with Section 34. Indian Penal Code and section 27 of the Arms Act. The trial court found them guilty and sentenced them accordingly. The appeal filed by them has been dismissed by the High court. A-2 and A-4 filed Criminal Appeals Nos. 551/83 and A-1 and A-3 filed Criminal Appeal No. 447/84 in this court. The prosecution case is as follows:the accused us well as the deceased, Joginder singh and the injured persons Harbhajan Singh (P. W. 1). his wife Narinder Kaur (P. W. 2, and Bachan singh (P. W. 4 belong to the village Bundala. On 24- 9-81, Surinder Pal a Line Superintendent of Punjab state Electricity Board detected accused Raghubir singh stealing electricity power from the main line for working his tubewell. He made a report. Raghubir singh suspected that Harbhajan Singh (P. W. 1 and his brother Joginder Singh, the deceased were informants against him. On 26/9/1981 at about 2.30 p. m. , harbhajan Singh (P. W. 1 along with his wife narinder Kaur (P. W. 2. and the deceased and their relation Bachan Singh were proceeding from the house of Joginder Singh to the house of their brother gurbux Singh to discuss the date for marriage of amarjit Singh. Bachan Singh (P. W. 3 was the mediator. When all of them reached the mango tree. Raghubir Singh A-1. and his brother, Sukhdev Singh, a-3 and their family friends, namely, Sukhdev Singh alias Billa, A-2 and Kulwant Singh. A-4 emerged from Haveli. Raghubir Singh was armed with a. 12 bore single barrel gun, his brother. Sukhdev Singh, a-3 was armed with a kirpan, Sukhdev Singh alias billa, A-2 and Kulwant Singh, A-4. were armed with one dang each. On coming near to the Lunge of p. W. 3. Bachan Singh, Sukhdev Singh. A-3 challenged and exhorted his co-accused that the deceased. must be taught a lesson for informing the electricity department. Thereupon the accused Sukhdev Singh alias Billa, A-2. gave a blow with his dang on the head of Joginder Singh. Kulwant Singh. A-4. also gave a blow on the forehead of Joginder Singh with his dang. Raghubir Singh. A-1. retracted from about two karams distance and fired a shot from his gun at joginder Singh which hit on his chest and face. One of the pellets from the same shot caused injury to narender Kaur (P. W. 2. The deceased on receipt of the gun shot fell down and died on the spot. P. Ws. along with the accused left the place of occurrence. Harbhajan Singh (P. W. 1 went to the police station sadar, leaving behind Narinder Kaur (P. W. 2 near the dead body and gave a report. The Sub-Inspector. Kulchhinder Singh (P. W. 7 registered the crime and went to the place of occurrence. He held inquest on the dead body, sent the same for post-mortem and also sent the injured persons to the hospital for medical aid. The accused were arrested and gun of raghubir Singh, A-1 was taken into possession and other weapons were recovered. Dr. Rajinder Singh (P. W. 8 examined Harbhajan Singh (P. W. 1) on 26/ 9/1981 at about 9 p. m. , and her found lacerated wound on the scalp and swelling on the left side of the forehead. The same doctor also examined narinder Kaur (P. W. 2 and found a lacerated punctured wound with irregular inverted margins. He conducted the post-mortem on the dead body of joginder Singh and found 9 injuries and some of them were described as gun shot injuries including injury wounds. On internal examination the doctor found that this was resulted at 16 different places and he also recovered some pellets from the liver and the doctor opined that the death was due to shock and haemorrhage as a result of injury No. 3. He further opined that injury No. 3 was individually and all of them collectively were sufficient to cause death in the ordinary course of nature. He also opined that all the injuries were caused by fire arm except injury no. 7 which was an old injury. After completion of the investigation the charge-sheet was laid. The prosecution mainly relied on the evidence of P. Ws. I and 2, the injured witnesses.

(2.) When examined under Section 313, Cr. P. C. Raghubir Singh. A-1 took a specific plea of right of private defence. He pleaded that on that date at about 2.30 p. m. a buffalo of Harbhajan Singh entered their Haveli and they caught hold of the same and tied her to a peg. Then his uncle Gurmukh Singh came out into the vacant site and protested to harbhajan Singh (P. W. I) loudly in strong words. Immediately the deceased. Joginder Singh armed with a dang. Harbhajan Singh (P. W. 1 with. 12 bore dbl gun and Gurnam Singh s/o Harbhajan Singh armed with Kirpan along with their relation, Bachan singh, who was also armed with a dang came and attacked Gurmukh Singh, the uncle of Raghubir singh. A-1 and caused injuries to him. On hearing the alarm. A-1. came out of his Haveli with a licensed gun and when he found his uncle fallen on the ground, he fired from his gun in order to save him and the shot hit the deceased. Joginder Singh and that one of the pellets also hit Narinder Kaur (P. W. 2. A-1. further stated that Harbhajan Singh, p. W. I had also fired at him after he had fired at the deceased and in the process he received gun shot injuries. It is also in his statement that Gurmukh singh also advanced and gave two blows on him and then he was taken in a tractor to Mana Wala Hospital where he was examined for his injuries which were x-rayed. In this defence A-1, examined Dr. Satish chander (D. W. 1 who examined him for injuries on the same day at about 3.40 p. m. In support of his version he also examined his uncle. Gurmukh Singh (D. W. 2 who had injuries and was examined by p. W. 8. Dr. Rajinder Singh, for the said injuries. The other accused pleaded not guilty.

(3.) The trial court relying on the evidence ofp. Ws. 1 and 2 held that the four accused jointly attacked the deceased as well as P. Ws. 1 and 2 and that it was Raghubir Singh A-1, who shot at the deceased as a result of which he died. The trial court also held that the accused also committed murder and also injuries to P. Ws. and accordingly convicted under Section 302/34, Indian Penal Code, as well as under Section 307, Indian Penal Code The High court confirmed the same as stated above.