GURNAM SHSIGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurnam Singh and Pala Singh, the two appellants before us, along with four others were placed on trial before the Judge, Special Court, Ferozepore to answer charges under Sections 148, 302/149 and 324/149, I.P.C. On conclusion of the trial the learned Judge convicted the two appellants under Section 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life, while acquitting the others. Aggrieved thereby the appellants have preferred this appeal under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984.

(2.) Shorn of details the prosecution case is that on August 10, 1984 at or about 5 p.m. when Malkiat Singh (the deceased) and his brother Nachhatar Singh (P.W. 4) were irrigating their paddy field with the water of a Government Khaal (water channel) which is brought to their field through an outset allotted to them, Gurnam Singh came there and closed the outlet. As soon as Malkiat Singh tried to open it Gurnam Singh gave a blow with a kassi on his head. P.W. 4 then rushed to his rescue but, by that time the other appellant Pala Singh reached there armed with a gandasa and accompanied by others. On a lalkara raised by Gurcharan Singh (since acquitted) Pala Singh gave a gandasa blow on the head of Malkiat Singh. When P.W. 4 tried to intervene Pala Singh assaulted him also. Thereupon the appellants and others started assaulting the deceased further. Finding no other alternative P.W. 4 and his brother Jit Singh retaliated by beating Gurnam Singh. Then the accused persons fled away with their respective weapons. Immediately thereafter Malkiat Singh and P.W. 4 were taken to the hospital at Bagha Purana where D. T. C. Aggrawal (P.W. 1) examined them. P.W. 1 also attended to the injuries of Gurnam Singh who had also come to the hospital the same evening. P.W. 1 sent the medico legal reports of their injuries to Bagha Purana Police Station and considering the injuries sustained by Malkiat Singh referred him to the Ludhiana Hospital for better treatment. On receipt of the medico legal reports, Shri Natha Singh (P.W. 5) ASI of Police attached to Bagha Purana Police Station went to the Hospital and recorded the statement of Nachhatar Singh. He forwarded the statement to the Police Station for registering a case and took up investigation. On the same day he recorded the statement of Malkiat Singh also.

(3.) While in the Hospital at Ludhiana, Malkiat Singh succumbed to his injuries on August 17, 1984 and consequently the case, which was earlier registered under Section 324, I.P.C. was converted to one under Section 302, I.P.C. He held inquest upon the dead body of Malkiat Singh and sent it for post-mortem examination on August 18, 1984. On receipt of the report of the post-mortem examination and completion of investigation P.W. 5 submitted charge-sheet.