BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal, by special leave, is directed against the order made by the High Court affirming the order of Sessions Court in convicting the appellant under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2,000/-.

(2.) The prosecution case as unfolded before trial Court is as follows: On 12-7-1992 at about 5 p.m. Saun Singh (deceased) accompanied by his son Didar Singh and son-in-law Kartar Singh attempted to cut kikar trees and the same was objected to by Puran Singh asking him to wait till the actual demarcation of the trees and refrained him from cutting the trees till then. Saun Singh returned along with his son and son-in-law to his house. On the next morning that is on 13-7-1992 at about 6 a.m. Saun Singh accompanied by his son and son-in-law proceeded towards his field when Balwinder Singh, Bhola Singh (appellant) and Lakhbir Singh who were armed with a Gandasa and Jagsir Singh who was armed with a Ghop attacked him. Bhola exhorted that Saun Singh be not permitted to go and he be taught a lesson for attempting to cut kikar trees. Appellant Bhola assaulted Saun Singh from the blunt side of the Gandasa on his right arm. He also inflicted a second blow causing injury on the head of Saun Singh again by the blunt side of the Gandasa. Saun Singh fell on the ground when acquitted accused Jagsir Singh assaulted Saun Singh with Ghop dang wise which hit Saun Singh on the right arm at the same place where earlier the appellant Bhola had inflicted the injury. This was followed by assault made by appellant Balwinder Singh who used Gandasa from the blunt side and gave blows on the left and right leg near the ankle. Kartar Singh and Didar Singh raised alarm and shouted for help. The accused persons then turned towards them to assault them but they ran away from the place of occurrence to save their lives. It appears that Kartar Singh made arrangements for taking Saun Singh to the hospital who was found to have died at 8 a.m. A First Information Report (F.I.R.) was registered at 10.30 a.m. regarding the incident that had taken place. After conducting inquest proceedings the dead body of Saun Singh was sent for post-mortem examination. Dr. Ramesh Kumar conducted the post-mortem examination and he found the following ante-mortem injuries on the body of the deceased Saun Singh:-

(3.) The accused persons were examined under Section 313 of Code of Criminal Procedure and they denied the prosecution case and claimed to be innocent stating that they had been falsely implicated. They also contended that the deceased Saun Singh had been involved in some criminal cases for theft and violation of the Arms Act.