STATE OF PUNJAB Vs. HARJIT SINGH

JUDGEMENT

(1.) THIS appeal arises out of the following facts :- On September 2, 1989 at about 9-00 p.m, Hardev Singh (PW-8) went to the liquor vend in village Dalel Singh Wala to meet his brother Gurdev Singh (since deceased), who was employed there as a salesman. The two accused Harjit Singh and his friend Mohan Singh were also present at the vend at that time. Hardev Singh and Gurdev Singh and the two accused started taking liquor on the roof of the liquor vend. In the meanwhile, the water needed for mixing with the liquor fell short, on which Gurdev Singh asked Harjit Singh to arrange for water. As both the parties were drunk, there was an altercation between them on this minor issue. Harjit Singh thereafter picked up a soti lying there and gave a blow on the head of Gurdev Singh. Gurdev Singh and Hardev Singh raised an alarm. Gurdev Singh then came down from the roof and started running towards village Lalluala along the road, chased by the two accused both now armed with sotis. Hardev Singh (PW-8) also followed them in that direction. Teja Singh (PW-2) also reached the spot just then. The two accused thereafter caught hold of Gurdev Singh and gave repeated blows on his head on which he fell down on the ground and after he had fallen down, 5/6 blows were given to him. The accused then ran away from the spot. Teja Singh and Hardev Singh went closer and found that Gurdev Singh was dead. Leaving Teja Singh to guard the dead body, Hardev Singh proceeded to Mansa on foot for his village Ghuman Kalan as he could not get a bus at that time. He, however, managed to get a bus early in the morning and on reaching his village, contacted Sarpanch Sukhdev Singh and informed him about the occurrence. He thereafter tried to contact Sukhdev Singh and Neta Singh, Members of the Panchayat but they were not available at their homes. Hardev Singh then went to his house and informed his family members about the murder. He thereafter contacted Magher Singh, another Member of the Panchayat, and accompanied by him proceeded towards Police Station, Bhiki by bus to lodge the report. They, however, came across a police party headed by PW-9 ASI Som Nath at the crossing of Budhlada. Hardev Singh accordingly alighted from the bus and made his statement, Ex.PD, before the said police officer and on its basis, the formal F.I.R. was registered at 3.05 p.m. on September 3, 1989 and the special report was delivered to the Illaqa Magistrate at 6-0 p.m. the same evening. After recording the statement Ex.PD of Hardev Singh, ASI Som Nath accompanied by Gurdev Singh and magher Singh came to the spot and found the dead body lying there with Teja Singh guarding the same. ASI Som Nath made the necessary inquiries and despatched the dead body for the post-mortem examination. The two accused were arrested on September 18, 1989 on being produced before the police by Gagan Singh, Lambardar, and on the basis of their disclosure statements, the weapons of offence were duly recovered.

(2.) ON the completion of the investigation, the accused were charged for an offence punishable under Sections 302/34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(3.) THE prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure in which they pleaded false implication.