STATE OF PUNJAB Vs. AMARJIT SINGH

JUDGEMENT

(1.) The State of Punjab on obtaining Special leave has filed this Criminal Appeal challenging the legality and correctness of the judgment and order dated January 20, 1988, passed by the Punjab and Haryana High Court at Chandigarh. The respondents-four accused were tried in Sessions Case No. 52/10 of 1986 for committing offences punishable under Sections 30/323 read with Section 34 of the Indian Penal Code. The Addl. Sessions Judge, Ludhiana, on conclusion of the trial by his judgment and order dated 19 th September, 1986 convicted the respondents (A-1 to A-4) for the offences punishable under Section 302/34 of the Indian Penal Code and sentenced Amarjit Singh (A-1). Surjit Singh (A-3) and Pritam Singh (A-4) to suffer imprisonment for life and to pay a fine of Rs. 100; in default to undergo RI for one month, as also under Section 323 read with Section 34 of the Indian Penal Code and sentenced them to suffer RI for one month. Both the substantive sentences were ordered to run concurrently. However, as the second appellant Daljit Singh (A-2) was found to be below 16 years of age at the time of occurrence, he was dealt with under Section 34 (1) of the East Punjab Children Act, 1949 and directed to be kept in Borstal Jail, Faridkot and the matter was referred to the State Government under Section 34(2) of the said Act for passing appropriate orders. Being aggrieved by this order of conviction and sentence, the respondents preferred Criminal Appeal No. 566/DB of 1986 to the High Court which partly allowed the same altering the conviction from Section 302/34 IPC to 325/34 IPC and sentenced A-1, A-3 and A-4 to suffer RI for three years and to pay a fine of Rs. 1,000/- or in default to undergo further rigorous imprisonment for six months each. However, the conviction and sentence under Section 323/34 of the Indian Penal Code against them was sustained. The direction as regards A-2 was confirmed. It is against this judgment and order passed by the High Court the State of Punjab has filed this appeal.

(2.) The prosecution story as unfolded at the trial is as under:- On December 14, 1985 at about 4 or 5 p.m., Mukhtiar Singh-the complainant (PW 7), his father Chhina Singh (PW 8) and uncle Bakhtawar Singh (since deceased) had gone on tractor-trolly to bring carkande reeds from the Sutlej river in the area of village Bhundri. Mukhtiar Singh (PW 7) was driving the tractor which was stopped under the kikkar trees, at a distance of 44/45 karams away from the chhans of Fauja Singh. The land of the complainant was at a distance off 14/15 karams. The complainant and his associates saw the accused burying the tube containing the illicit liquor in his peas crop field and were armed with lathis. Bakhtawar Singh went to the accused and asked them to stop doing the illegal activities in his field whereupon Pritam Singh (A-4) got annoyed and caught hold of Bakhtawar Singh from his waist. Thereafter Amarjit Singh (A-1) gave two lathi blows on the head of Bakhtawar Singh followed by Daljit Singh (A-2) and Surjit Singh (A-3) who also assaulted him with lathi blows. Bakhtawar Singh sustained bleeding injuries and fell down on the ground. A-1 to A-3 even thereafter continued their assault. Mukhtiar Singh (PW 7) who went to rescue him was caught hold of by A-4 upon which A-1, A-2 and A-3 assaulted him with lathis. After hearing the alarm raised by Mukhtiar Singh (PW 7), Chhina Singh (PW 8) reached at the spot whereupon the accused fled away. The injured persons were then removed to a hospital at Sidhwan Bet by Chhina Singh on tractor-trolly where Dr. Mrs. Pratigya Devi treated them. Being a medico-legal case, an information was sent to ASI Gurdial Singh (PW 1), who reached the spot, prepared the site plan and collected blood stained earth under a panchanama. Since the condition of Bakhtawar Singh was serious, he was shifted to the C.M.C. Hospital, Ludhiana, where he succumbed to his injuries on 17th December, 1985 at 5.40 a.m. ASI Gurdial Singh (PW12) then recorded the statements of various persons. On receipt of the information of the death of Bakhtawar Singh, SI Amar Singh (PW 13) went to the hospital, held the inquest and forwarded the dead body to the mortuary for autopsy. The accused were arrested on 17th December, 1985. On conclusion of the investigation, a charge sheet came to be filed against the respondents for offences punishable under Sections 30/34 and 323/34 of the Indian Penal Code for committing the murder of Bakhtawar Singh and also causing injuries to Mukhtiar Singh (PW 7).

(3.) The accused denied the accusations levelled against them and according to them, they have been falsely implicated in the present crime. They also denied that they were engaged in an illicit liquor business or had gone to the field of the complainant to do any such illegal activity.