INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the murder of Amar Singh nephew of appellant Inder Singh, being the son of his brother Goma Singh, pw 4, on 31/3/1984 at about 1 1.30 p. m. , the appellant along with Guddar Singh and Banta Singh, were tried for offences under Sections 302/34 Indian Penal Code. The trial court acquitted Guddar Singh and Banta Singh but convicted the appellant for an offence under Section 302 Indian Penal Code and sentenced him to suffer life imprisonment. Through this appeal under Section 14 of the Terrorist Affected Areas (Special courts) Act, 1984, the appellant questions his conviction and sentence.

(2.) According to the prosecution case, on the night intervening 31/3/1984 Amar Singh (deceased) had gone to see off the tractor driver of Seth Madanlal to Jalalabad. He did not return till about 11.30 p. m. His father Goma Singh, Public Witness 4 and mother Smt Rano, Public Witness 5 went out in search for him towards the bus stand. They met Amar Singh on the way near the bus stand and started towards their home. When they reached near the house of Khushal Singh, the appellant armed with a barchha, Banta Singh armed with a dang and Guddar Singh armed with a kirpan suddenly emerged from behind the heap of manure. The appellant raised a lalkara that Amar Singh should not be spared and attempted to assault him when Goma Singh Public Witness 4 tried to intervene. The appellant gave a blow with thebarchha on the chest of Gorna Singh, Public Witness 4. Banta Singh gave a dang blow on the right thigh of Goma Singh. At that stage, Smt Rano, Public Witness 5 pleaded with the 3 assailants not to assault her husband and her son and intervened to save them. Guddar Singh gave her a kirpan blow which hit her on her left hand. Banta Singh then gave a dang blow on the right leg of Amar Singh who fell down and as Amar Singh lay fallen on the ground, Inder Singh appellant gave a barchha blow on his neck. Banta Singh also gave dang blows to Smt Rano and Goma Singh, PWs and on alarm being raised, the appellants and his co-accused fled away with their respective weapons. When Goma Singh, Public Witness 4 and Smt Rano, Public Witness 5 went near Amar Singh, they found him already dead. Leaving the Chowkidar and some other persons, including the widow of Amar Singh who had by then arrived at the scene of occurrence, to guard the dead body, Goma Singh, Public Witness 4 went to the hospital to get his injuries treated. He arrived at the hospital at about 1.20 a. m. Doctor Amarjit Singh, Medical Officer, Public Witness 2 examined Goma Singh at 1.45 a. m. and found the following injuries on him:

(3.) The doctor sent information to the police station about the arrival of Goma Singh, Public Witness 4 in an injured condition. Harbans Singh, Station House Officer, Police Station, Jalalabad, on receipt of the information proceeded to the hospital along with Kuldip Singh ASI, Public Witness 6 and some other police officials. After reaching the hospital, he recorded the statement of Goma Singh, Exh. P-6 at about 3.20 a. m. and sent the same to the police station for registration of the case and the formal FIR, Exh. P-6/a on its basis was recorded at 3.30 a. m. The copy of the first information report was forwarded to the Ilaqa Magistrate, which was received by him at 6.30 a. m. on 1/4/1984. The investigation was taken in hand and the investigating officer reached the spot where he collected the bloodstained earth and prepared the inquest report and sent the dead body of Amar Singh for post-mortem examination, A rough site plan was also prepared. Doctor Inder Mohan Challana, Public Witness 1 conducted post-mortem on the dead body of Amar Singh on 1/4/1984 at 10. 45 a. m. and found the following injuries: