JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Joginder Singh and Balwinder Singh who along with their father Kishan Singh were tried for the murders of Kuldip Singh and Rupinder Singh, are the appellants in this appeal by special leave. The Sessions Judge convicted Joginder Singh, under S. 302 Indian Penal Code and Kishan Singh and Balwinder Singh under S. 302 read with S. 34 Indian Penal Code for the murder of Kuldip Singh. Joginder Singh and Balwinder Singh were also convicted under S. 302 read with S. 34 for the murder of Rupinder Singh. On appeal the High Court of Punjab and Haryana acquitted Kishan Singh and Balwinder Singh of the murder of Kuldip Singh but confirmed the other convictions.

(2.) The case of the prosecution was as follows: On 24th Feb. 1974, Rupinder Singh had teased Pammi the daughter of Kishan Singh, while she was in the field. Coming to know of it, Kishan Singh and Balwinder Singh gave him a beating. Next day at about 2 p. m. Chanchal Singh, his wife Pritam Kaur, his son Rupinder Singh and his daughters were present in their house when Kishan Singh and his two sons Joginder Singh and Balwinder Singh came there abusing them. Joginder Singh was armed with a small kirpan, Kishan Singh with a Gandasi and Balwinder Singh with a stick. They said that they would take away the daughter of Chanchal Singh and that she should be brought out. The women folk got frightened. Pritam Kaur took her daughters inside the house and bolted the door. Hearing the noise Kuldip Singh and Surinder Singh nephews of Chanchal Singh who live about 50 Karms away came to the house of Chanchal Singh. Kuldip Singh went forward with folded hands and requested the accused to pardon them. Joginder Singh immediately gave a blow on the neck of Kuldip Singh with the kirpan in his hands. Kuldip Singh fell down. Kishan Singh was also attempting to give a gandasi blow to Kuldip Singh when Surinder picked up a gandasi which was there and dealt a blow on the head of Kishan Singh. Meanwhile Rupinder Singh started running towards the fields, Joginder Singh and Balwinder Singh chased him abusing. Rupinder Singh jumped into a well in order to save himself. The three accused persons then ran away from the scene. Surinder Singh and Chanchal Singh went near the well. Rupinder Singh was not to be seen. Surinder Singh then went to the Police Station, Saddar, Patiala, about thirteen miles from the village and gave the report at 4.15 p.m. Thereafter P.W. 14, the Sub Inspector proceeded with the investigation. The dead body of Rupinder Singh was taken out of the well and both the dead bodies were sent for post-mortem examination. Bloodstained earth was seized from the place where Kuldip Singh was found lying dead. Autopsy on the body of Kuldip Singh revealed an incised wound on the left side of the neck starting from midline 2" above clavicular Fossa going down towards the left side 21/2" in length and slanting. Muscles of the neck were cut. Trachea was cut open. Muscles on the right side of the neck and the carotid vessels on the right side of the neck were cut causing extensive haemorrhage and shock. The doctor opined that the injury was sufficient in the ordinary course of nature to cause death and that death must have been instantaneous. On the body of Rupinder Singh there were multiple bruises on the back, right scapular region and left arm. Those on the right scapular region and back were found to be more than 24 hours old, whereas the bruises on the back appeared to be fresh. There was swelling over the left temporal region, with extravasation of blood. The pleura was congested. There was fine frothy bloodstained fluid on the larynx. Bloodstained fluid was present in the right lung which was congested. So was the left lung. The right chamber of the heart was full of blood while the left chamber was empty. Bloodstained froth was found in the mouth. The Doctor opined that the head injury rendered Rupinder Singh unconscious and thereafter he died of asphyxia due to drowning. The accused were arrested and Kishan Singh was sent to the hospital for medical examination. It was found that he had an incised wound with sharp margins over the left parietal region 31/2 cms x 1 cm. x 3/4 cm. The underlying bone had been cut to a depth of 21/2 cms. The wound was found to be fresh. The blood-stained earth which was seized from the place where Kuldip Singh's body was found, was sent to the Chemical Examiner and Serologist. The earth was found to be stained with blood but the Serologist was unable to say whether it was human as it had disintegrated by that time.

(3.) Joginder Singh and Balwinder Singh denied the charges altogether but Kishan Singh stated that in connection with the testing incident that took place on 24th Feb. 1974, there was a Panchayat on 25th morning at which it was decided that Rupinder Singh should do to his sister whatever he had done to Pammi. Kishan Singh was going on the Phirni with his Kirpan when Kuldip Singh came there with gandasi. Kuldip Singh gave a gandasi blow on Kishan Singh's head whereupon Kishan Singh (Joginder Singh) took out his kirpan and gave a blow to Kuldip Singh. Thereafter Kuldip Singh ran away and he returned to his house. The Sessions Judge rejected the defence version and accepted the prosecution case. He held that while Joginder Singh was guilty under S. 302 Indian Penal Code for the murder of Kuldip Singh, Kishan Singh and Balwinder Singh were also guilty of the murder of Kuldip Singh under S. 302 read with S. 34 Indian Penal Code, as they shared with Joginder Singh the necessary common intention. In regard to the death of Rupinder Singh, the learned Sessions Judge found that Joginder Singh and Balwinder Singh alone but not Kishan Singh chased Rupinder Singh making him jump into the well. Therefore, Joginder Singh and Balwinder Singh alone were guilty of committing the murder of Rupinder Singh. The High Court held that Kishan Singh and Balwinder Singh could not be said to have shared with Joginder Singh the common intention of committing the murder of Kuldip Singh. They were entitled to be acquitted of that charge. Otherwise the convictions were confirmed.