STATE OF PUNJAB Vs. BALKAR SINGH

JUDGEMENT

(1.) THERE are 8 accused respondents. Amongst them, Pal Singh and Kirpal Singh are brothers. Three sons of Kirpal Singh, namely, Baldev Singh, Resham Singh and Mukhtiar Singh are part of the group; whereas the three sons of Pal Singh, namely, Balkar Singh, Jang Bahadur Singh and Jagtar Singh also are part of the group. They were charged by the Court of Session for offences under Section 148, 302/149 IPC for rioting and murder as well as for lesser offences involving grievous and simple hurts. The Court of Session convicted them of the charges but the High Court on appeal acquitted them which has given rise to this appeal at the instance of the State of Punjab.

(2.) THE case of the prosecution is that on 15 -7 -85 at about 7.30 p.m., Amrik Singh, P.W. and his brother Darshan Singh, deceased, were heading towards their fields. Behind them were following Jagir Singh and Kashmir Singh, PWs. At a particular point on the way, all the accused respondents - 8 in number - emerged from behind a Bandh. Kirpal Singh, respondent, raised an exhortation that Darshan Singh be not allowed to escape. Upon this, Pal Singh, respondent, opened an attack and rest of the respondents followed suit in giving injuries to the deceased as well as to Jagir Singh and Kashmir Singh, PWs. All the 8 accused respondents had been variously armed with lethal weapons such as spears, hatchets and sticks; details whereof are available in the judgments of the Courts below. At the end of infliction of injuries, it was found that Darshan Singh had died and Jagir Singh and Kashmir Singh were in receipt of extensive injuries. After some time, Sukhdev Singh and Baldev Singh, PWs. came and removed the injured persons to the house of Amrik Singh, PW, wherefrom they were later removed to the hospital for medical treatment. On the following morning, Amrik Singh set out for police station to lodge a report but having met Gurjinder Pal Singh, ASI, on the way he gave him a statement at 6.05 a.m. on 16 -7 -85 which became the basis of the formal FIR. The dead body of the deceased was sent to the mortuary for autopsy. Other investigatory steps were taken. As a result of disclosure statements made by the accused -respondents, the weapons of the offence were recovered. Thereafter, they were put to trial.

(3.) DR . Sarwan Singh, PW -3, found on Kashmir Singh and Jagir Singh as many as 13 and 11 injuries respectively. One injury on the person of Kashmir Singh was found to be grievous in nature and rest of them were simple. Likewise one injury was found on the person of Jagir Singh to be grievous and the rest simple. The autopsy conducted on the dead body of the deceased by Dr. Pritpal Kaur, PW -1, revealed that he had as many as 11 injuries but none of them was on any vital part of the body; those being on the arms and legs of the deceased. One injury on his lips, however, was non -significant. The cause of death as opined by Dr. Pritpal Kaur, PW -1, was shock and haemorrhage as a result of multiple injuries which were considered sufficient to cause death in the ordinary course of nature.