SATNAM SINGH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) These two appeals, preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C), have arisen out of the same judgment and order dated 05 -02 -1987, passed in Sessions Trial No. 94 of 1984, by the then learned Sessions Judge, Nainital, whereby, accused/Appellant Satnam Singh has been convicted under Sec. 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.), and sentenced to imprisonment for life. He is further convicted and sentenced to undergo rigorous imprisonment of two years under Sec. 324 read with Sec. 34 of the I.P.C. Accused/Appellant Baba Singh has been convicted under Sec. 302 read with Sec. 34 of the I.P.C. and also under Sec. 324 of I.P.C. He is sentenced to imprisonment for life under Sec. 302/34 of the I.P.C, and further sentenced to undergo rigorous imprisonment of two years under Sec. 324 of the I.P.C. Accused/Appellant Harbhajan Singh has also been convicted under Sec. 302 read with Sec. 34 of the I.P.C. and under Sec. 324 read with Sec. 34 of the I.P.C. He is sentenced to imprisonment for life under Sec. 302/34 of the I.P.C. and further sentenced to undergo rigorous imprisonment of two years under Sec. 324/34 of the I.P.C.

(2.) We heard learned Counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that about 10 -12 days before the date of incident, some altercation took place between Kulwant Singh (deceased) and accused/Appellant Satnam Singh regarding irrigation through a water channel. On 17 -03 -1984, at about 6:30 P.M., when Kulwant Singh (deceased) reached near culvert on the bank of water canal, flowing towards Village Majra, he met accused/Appellant Satnam Singh, who told him that he would be taught lesson for not permitting him (Satnam Singh) to irrigate his fields. Accused/Appellant Baba Singh, armed with sword, and accused/Appellant Harbhajan Singh, armed with spear, reached behind Satnam Singh on the spot. Accused/Appellant Harbhajan Singh handed over his spear to Satnam Singh and exhorted him to kill Kulwant Singh. Kulwant Singh raised an alarm on which witnesses P.W.1 Jaimal Singh, P.W.2 Mula Singh and P.W.5 Jeet Singh along with one more person rushed towards the spot. However, accused/Appellant Satnam Singh, meanwhile, gave a blow with the spear on the chest of Kulwant Singh. P.W.2 Mula Singh, came forward to save his son Kulwant Singh (deceased), but accused/Appellant Baba Singh hit a blow with the sword on the hand of Mula Singh and in the process injured him. Thereafter, all the three accused/Appellants ran away from the place of occurrence. Meanwhile, Kulwant Singh died of the injuries on the spot. A First Information Report (Ext. A -1) of the incident was lodged by P.W.2 Mula Singh, on 17 -03 -1984, at about 8:40 P.M., with police station Gadarpur. On the basis of the First Information Report, its check report (Ext. A -12) was prepared by P.W.7 Head Constable Rameshwar Dutt Tyagi, who also made necessary entry in the general diary, copy of extract of which is Ext. A -13. P.W. 6 Sub Inspector Hemant Kumar Mishra started the investigation of the crime. He inspected the spot and took the dead body of Kulwant Singh in his possession, prepared the inquest report (Ext. A -5), sketch of the dead body (Ext. A -6), police form No. 13 (Ext. A -7), and letter (Ext. A -8) addressed to the Chief Medical Officer, requesting for postmortem examination of the dead body. Also, PW -2 Mula Singh was sent for medical examination, at about 11:00 P.M., on the same day to Primary Health Center, Gadarpur. Dead body of Kulwant Singh was sent for postmortem examination. P.W. 4 Dr. R.N. Singhal, conducted the autopsy on the dead body on 18 -03 -1984, at about 12:20 P.M., in L.D. Bhatt Hospital, Kashipur. The Medical Officer opined that Kulwant Singh had died on account of shock and haemorrhage clue to injury over liver. The Investigating Officer further investigated the crime, prepared site plan (Ext. A -9) and recorded the statements of the witnesses. He also collected the simple soil and blood stained soil and prepared memo Ext. A -10. He also recovered spear (Ext. 1) used in the crime, and prepared memo thereof. On completion of the investigation, the Investigating Officer submitted charge sheet (Ext. A -11) to the Magistrate concerned, against all the three accused persons, namely Satnam Singh, Baba Singh and Harbhajan Singh.