STATE OF PUNJAB Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) THIS appeal arises out of the following facts :- On April 1, 1991 accused Bakhtawar Singh, Darshan Singh and Nirmal Singh (since dead) had a quarrel with respect to a Taur (vacant site) in the village. At about 11.00 A.M., the next morning, Kulwinder Singh, his brothers PW-2 Darshan Singh and Gurdev Singh decided to go to their fields and just as they stepped out, the three accused Bakhtawar Singh, armed with a Spear, Nirmal Singh with a Soti, and Darshan Singh empty handed, accosted them. Darshan Singh raised a Lalkara that Kulwinder Singh be taught a lesson for quarrelling with them, the previous day, on which Nirmal Singh caught hold to Kulwinder Singh and Bakhtawar Singh caused an injury with his Spear in his abdomen. On the receipt of the injury, Kulwinder Singh fell on the ground on which, the accused ran away from the spot. Kulwinder Singh was first removed to the Civil Hospital, Samrala but on account of his serious condition, was referred to the Christian Medical College and Hospital, Ludhiana. On April 4, 1991 PW-2 Darshan Singh was on his way to Police Station, Samrala to lodge the report about the occurrence when he met PW-7 ASI Chhaju Singh at the Samrala Chowk and made his statement, Ex.PE, to him and on its basis, the formal F.I.R., Ex.PE/2, was recorded in the Police Station, Samrala at 3.30 A.M. for an offence punishable under Sections 324/34 of the Indian Penal Code. Accused Bakhtawar Singh was arrested on April 20, 1991 and on his disclosure statement, a Barchha, Ex.P-1, was recovered from the place of its concealment. Nirmal Singh and Darshan Singh were arrested on April 20, 1991 and July 14, 1991 respectively. After receipt of opinion of Dr. Navneet Chaudhary that the injuries found on the person of Kulwinder Singh were dangerous to life, the accused were charged under Sections 307, 307/34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(2.) IN support of its case, the prosecution examined PW-1 Dr. James Zachariah of the C.M.C., Ludhiana, who had examined Kulwinder Singh on April 2, 1991 and found 4 injuries on his abdomen; PW-2 Darshan Singh, an eye witness and also the first informant; PW-3 Kulwinder Singh, the injured himself; PW-5 Dr. Gurmit Singh, who had stated that Kulwinder Singh had been brought to the Civil Hospital, Samrala at 11.30 a.m. on April 2, 1991 and had been referred to the C.M.C., Ludhiana after first aid; PW-6 Constable Nazar Chand, who was one of the witnesses to the recovery of Barchha; PW-7 ASI Chhaju Singh, the main Investigating Officer; and PW-8 Dr. Navneet Chaudhary, who had rendered the opinion that the injuries caused on the person of Kulwinder Singh were dangerous to life.

(3.) ACCUSED Darshan Singh also gave a similar statement.