MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The judgment and order dated December 6, 1984 rendered by the Judge, Special Court, Ferozepur in trial No. 42 of 1984 is under challenge in this appeal. By the impugned judgment the learned Judge convicted and sentenced the appellant under Ss.302 and 325 of the Indian Penal Code.

(2.) (a) Shorn of details the prosecution case is that Darbara Singh (the deceased) was the driver of a truck and Uttam Singh (P.W.5) was its conductor. On March 31, 1984 at or about 7 p.m. when they were consuming liquor near the poultry farm of the appellant, he also came there and shared the drinks. Mit Singh (P.W. 4) and Kartar Singh, father and brother of Darbara Singh respectively, were then irrigating their land nearby. After finishing his drinks the appellant went back to his poultry farm. He however came back a little later and told Darbara Singh that he would teach him a lesson as he had forcibly taken away one of their cows. He then picked up a Kassi and started assaulting Darbara Singh with it. On being so assaulted Darbara Singh fell down dead. In the mean time Uttam Singh had taken up a small toki which was lying nearby and attacked the appellant. The appellant then inflicted a number of blows on Uttam Singh with the kassi. When Mit Singh and Kartar Singh rushed to the spot the appellant fled away with the Kassi. After deputing Kartar Singh to look After the dead body of Darbara Singh, Mit Singh went to Bagha Purana Police Station and lodged a first information report whereupon a case was registered against the appellant. Uttam Singh had in the meantime been taken to the hospital for treatment of his injuries.

(3.) The defence of the appellant, who pleaded not guilty to the charges levelled against him, was that on the date of the incident Uttam Singh (P.W.5) and the deceased Darbara Singh quarrelled with each other which ultimately ended in a mutual assault and injuries to both of them. When he (the appellant) tried to intervene he also sustained some injuries. He then went to Surjit Singh of his village and informed him about the incident and he (Surjit Singh), in his turn, informed Mit Singh. Accompanied by Surjit Singh and Mit Singh he went to the spot where the dead body of Darbara Singh was lying. They then took Uttam Singh, who was injured, in a car to the Police Station. Leaving him (the appellant) behind at the Police station to narrate the incident Surjit Singh took Uttam Singh to the hospital. He then narrated the incident to the police but instead of recording his version they wrongfully detained him for several days and falsely implicated him.