PREM SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 2.11.1992, at about 8.45 A.M., Balbir Singh followed by Sher Singh, PW.2, left his house on a bicycle and was going to Fazilka City for doing Palledari work. When Balbir Singh reached near the field of Gulshan son of Dewan Chand. Teja Singh armed with a kirpan, Prem Singh armed with a Kappa an Makhan Singh armed with a Gandasa emerged from the cotton field of Angrez Singh. Makhan Singh raised a lalkara that what for he (Balbir Singh appellant) is waiting for and Balbir Singh deceased should not be allowed to escape. At this Balbir Singh appellant armed with a Gandasa came running from the cotton field belonging to the Government. Teja Singh appellant inflicted a Kirpan blow from its sharp side on the right arm of Balbir Singh. Balbir Singh threw the bicycle and tried to run towards his left hand side towards the field. Prem Singh and Makhan Singh chased and surrounded him. Prem Singh inflicted a Kappa blow on his head as a result of which Balbir Singh fell down on the ground. While he was lying on the ground all the aforesaid four accused continued causing injuries with their respective weapons to Balbir Singh hitting on his head, neck, arms and chest. Sher Singh, PW.2 raised alarm hearing which Kashmir Singh, PW.3 attracted to the scene of occurrence. Thereafter Balbir Singh and Makhan Singh accused went towards Fazilka city with their respective weapons whereas Prem Singh and Teja Singh went towards the village. Balbir Singh succumbed to the injuries at the spot.

(2.) Sher Singh, PW.2 went to lodge the report to the police. On the way in the area of village Salemsheh, he met ASI Sulakhan Singh, PW.5 before whom he made his statement Ex. PF at 10.30 A.M. and on its basis formal F.I.R. Ex. PF/2 was recorded at the Police Station. The said ASI visited the place of occurrence, prepared inquest report Ex. PD, sent a request for post mortem examination vide Ex. PC. He also inspected the spot, lifted blood stained earth from near the dead body and the same was taken into possession vide memo Ex. PG. The Investigating officer also lifted stained earth from the place of occurrence and taken into possession vide memo Ex. PG/l. He prepared rough site plan of the place of occurrence Ex. PL. He took into possession the bicycle lying near the road near the dead body vide recovery memo Ex. PH. He recorded the statements of the witnesses. Prem Singh and Teja Singh accused were arrested on 23.11.1992 from their houses. On interrogation Prem Singh accused vide his disclosure statement Ex. PM got recovered Dattar Ex. P 1 which was taken into possession vide recovery memo Ex. PM/2. Similarly, on interrogation Teja Singh accused in pursuance of his disclosure statement of Ex. PN got recovered Kirpan Ex. P2 which was taken into possession vide recovery memo Ex. PN/2.

(3.) The post mortem examination on the dead body of the deceased was conducted by Dr. Ashwani Luna, PW.1, who found atleast 25 injuries on the person of the deceased which was mostly incised wounds. In the opinion of the doctor the death was due to shock and hemorrhage as a result of injuries to brain and major neck vessels as a result of injuries Nos. 1, 2, 4, 7 and 8 which were sufficient to cause death in the ordinary course of nature. Ex. PA is the copy of the postmortem report.