DIDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against conviction and sentence of life imprisonment awarded to accused/appellant Didar Singh son of Mukhtiar Singh, aged 50 years, resident of Village Akkanwali by the Sessions Judge, Bathinda vide his judgment/order dated April 25, 1995. Criminal revision has also been filed by complainant Bhura Singh. Both the Criminal Appeal and Criminal revision, being of the same occurrence, will be taken up together in this judgment.

(2.) The machinery of the prosecution was set into motion by the statement of Bhura Singh (complainant). Bhura Singh, who appeared as PW-1, gave his statement, Exhibit PA, before Assistant Sub Inspector Nasib Singh in Police Station Sardulgarh to the effect that he is a resident of Village Sardulgarh. He has two brothers, the eldest being Sukhdev Singh, younger to him being Surjit Singh and Bhura Singh himself being the youngest. His father Mangal Singh had died about seven years before the occurrence. His grand father Assa Singh ad two brothers, namely, Deva Singh and Rana Singh. Rana Singh had died issueless and his land was transferred in the name of Bhura Singh's grand father whose name was Assa Singh and to Assa Singh's brother Deva Singh. The complainant's grand father Assa Singh and Deva Singh were real brothers, Mangal Singh, the father of the complainant, was the only son of Assa Singh, but Deva Singh had three sons by the names of Chand Singh (deceased), Bant Singh died as a bachelor and Mukand Singh was also a bachelor. Deva Singh has a daughter by the name of Bibi and her husband's name was Mukhtiar Singh. Out of the wedlock of Bibi and Mukhtiar Singh, there were two sons, namely, Didar Singh (accused), Sukhwinder Singh and Nikki, the daughter. From the above, it comes out that Chand Singh, Bant Singh and Mukand Singh were all unmarried. Mukand Singh was not traceable for the last 35 years, while Bant Singh died and Chand Singh had no issue, so, he resided with the complainant and his brothers, who used to look after him. The complainant along with his brothers used to look after their own cattle and cattle of Chand Singh in his (Chand Singh) house, who had transferred his land through a collusive decree to the three brothers, namely, Bhura Singh (PW-1), Sukhdev Singh (PW-3) and Surjit Singh, all sons of Mangal Singh. The mutation of this land had been sanctioned. On September 7, 1993 at about 6.00 p.m. Bhura Singh and his brother Sukhwinder Singh were putting fodder before the cattle. Chand Singh (deceased), whose age was about 80 years was sick and was lying on a cot in the Darwaza (entrance of the house). Accused-Didar Singh, who is the son of the sister of Chand Singh (deceased), and resided in Village Akkanwali, armed with a gandasa, entered the house, and within the sight of PWs Bhura Singh and Sukhdev Singh gave a gandasa blow on the back side of neck of Chand Singh; another blow on his left shoulder and another two gandasa blows from its blunt side on the left shoulder of Chand Singh. It has been further alleged that accused Didar Singh said," I have taught him a lesson for getting the decree of the land executed." Bhura Singh and Sukhwinder Singh tried to catch hold of the accused, but he attacked them also. They stepped back. Accused Didar Singh ran away with his gandasa. They tried to catch hold of him and ran after him. As they were following him, Darshan Singh son of Darbara Singh also joined them, but the chase proved to be futile as accused Didar Singh ran away.

(3.) The police was informed and within five minutes, the Investigating Officer came to the spot. After preparing the inquest report, he sent the dead body of Chand Singh at night to the Civil Hospital Sardulgarh. The postmortem was performed on the dead body of Chand Singh on September 8, 1993. The Doctor's report is reproduced as under :-