RIKHI RAM AND OTHERS Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) - On 31.12.1994 there was a minor quarrel between the parties to this criminal litigation which related to a D.D.R. entry Ex.PE and which was entered into a compromise the same day. Still on 1.1.1995, i.e. the next day of the previous occurrence, around 1.30 P.M. Bhim Singh PW.5 came to his sister's house i.e. House No. 1167, Phase-I Ram Darbar Colony, where the deceased Gurdev and Dalbagh PW.8 were also present. They were sitting on a cot in a park in front of the said house and were basking in the sun as it was extremely winter season. Panjab Singh appellant-accused claimed himself to be a C.B.I. official and had created an impression that he was God father in the area. Panjab Singh remarked something derogatory to the Haryana women folk and, therefore, there was an altercation between the two sides. On hearing the alarm Rikhi Ram, Kuldeep Singh alias Sukka, Rajinder Kumar alias Billa, his friends Ranbir Singh. Pala Ram and Rajinder appellants also came to the spot. Panjab Singh took out a Lathi and inflicted a blow with the same on the head of Bhim Singh, Rikhi Ram caught hold of Bhim Singh and gave him fist blows and slaps. Dilbagh PW.8 and Rajinder sons of Bhim Singh and Gurdev Singh their relative came to the rescue of Bhim Singh. Ranbir Singh gave lathi blows on the head of Dilbagh and Rajinder alias Billa gave fist blows to Rajinder. Rajinder Kumar caught hold of Bhim Singh and Pala Ram accused caught hold of Gurdev Singh from his arms. It was at that time that Kuldeep Singh alias Sukka inflicted an iron Chapat (a cutting weapon) on the head of Gurdev Singh. As a result of which he fell down on the ground and become unconscious. Gurdev Singh was removed to PGI Chandigarh, where he was medico-legally examined vide M.L.R. report Ex. P.M. On receipt of telephonic message, SI Rajinder Singh PW.12 went to the spot where he was told that the injured had been removed to P.G.I. He went to P.G.I. There he moved an application Ex. PN for obtaining the opinion of the doctor regarding the fitness of Gurdev Singh to make a statement. Vide opinion Ex.PN/1 he was declared unfit to make a statement. The Investigating Officer also met Bhim Singh and recorded his statement Ex.PE. After making his endorsement Ex.PE/1 he sent the same to the Police Station for registration of a case and on its basis formal F.I.R. Ex.PE/2 was recorded at 4.30 P.M. on 1.1.1995. The special report reached the Ilaqa Magistrate at 10.15 A.M. on 2.1.1995. He took into possession the blood stained shirt of Gurdev Singh Ex.P9 vide memo Ex.PO. He thereafter went to the spot and prepared rough site plan Ex.PR of the scene of occurrence. He also lifted blood stained earth and a blood-stained shawl from the scene of occurrence vide memo Ex.PG. The Investigating Officer found Bhim Singh PW.3 and Dilbagh PW.8 to have received injuries and they were sent to General Hospital for medico-legal examination. He arrested Panjab Singh, Rikhi Ram, Ranbir Singh, Kuldip Singh and Rajinder alias Billa accused on 2.1.1995. Gurdev Singh succumbed to the injuries on 3.1.1995 at P.G.I. The investigation was taken over by Inspector Moti Ram PW.13. He converted the offence under Sec. 307 of the Indian Penal Code into offence under Sec. 302 of the Indian Penal Code. He went to P.G.I. and prepared the inquest report Ex.PD and sent the dead body for post mortem. The appellants were tried under Sections 148, 302/149, 323/149 and 456 of the Indian Penal Code.

(2.) On 4.1.1995, Dr. Inderjit Singh Bhatia, conducted autopsy on the dead body of Gurdev deceased and found the following injuries :

(3.) In the opinion of the doctor the death was due to damage to brain and intracranial hemorrhage due to head injury which was ante mortem and sufficient to cause death in the ordinary course of nature. Ex.PB is the copy of the post mortem report.