SURJIT SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two appeals i.e. Criminal Appeals No. 646-DB of 2001 and 110-DB of 2003. Both these appeals have been filed by the same accused against the judgment and order 14.8.2001, passed by the Court of Sessions Judge, Patiala, whereby accused Surjit Singh, who is owner of Lahori Dhaba, Main Bazar, Tripuri, Patiala, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of two months, under Section 302 IPC; and accused Prabhu Kumar, who is working as servant on Lahori Dhaba, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of two months, under Section 302 with the aid of Section 34 IPC.

(2.) As per the prosecution version, which is based upon the statement (Ex.PA) of Satya Nand (PW.1), father of deceased Gulshan Kumar, recorded by Rajbir Singh (PW.9), SHO, Police Station Civil Lines, Patiala, the complainant was a retired DSP from the Punjab Police. On 17.3.1998 (a day prior to the occurrence), he along with his friend Brij Lal son of Nanu Ram (PW.2) was present in his house, situated in Street No. 4, Tripuri Patiala. At about 7.00/8.00 PM, his son Gulshan Kumar (deceased) came to the house and told him that a dispute had taken place between him and accused Surjit Singh on account of money. He stated that in anger, he had hurled abuses to Surjit Singh, who had threatened to kill him. Meanwhile, accused Surjit Singh also came to his house. He lodged protest to the complainant to make understand his son Gulshan Kumar, otherwise, he will be done to death, as he had hurled abuses to him at his shop. At this, complainant told him (Surjit Singh) that tomorrow, he will come to his shop and would patch up the matter. Then accused Surjit Singh left in anger. On the next day i.e. 18.3.1998 (day of occurrence), at about 12.30 PM, he along with Brij Lal and his son Gulshan Kumar went to the Dhaba of accused Surjit Singh, where Ajit Inder Singh son of Harjinder Singh resident of Jhill, Police Station Sadar, Patiala, was also present. On noticing them, accused Surjit Singh armed with fork (Chhuri) and his servant Prabhu Kumar came out of the Dhaba. Prabhu Kumar declared that Gulshan Kumar is the same person, who had abused them on the previous day, he should not be allowed to escape. Then accused Surjit Singh, who was holding fork (Chhuri) in his hand, gave a Chhuri blow on the left side of the chest of Gulshan Kumar. Accused Prabhu Kumar caught Gulshan Kumar from his hair and threw him on the ground. Then accused Surjit Singh gave two/three blows to Gulshan Kumar on his back, when he was lying on the ground. He (complainant) became perturbed, on seeing his son writhing. Meanwhile, Harshinder Singh son of Santokh Singh resident of Street No. 3, Guru Nanak Nagar, Patiala also arrived at the spot. Then, he (complainant), Harshinder Singh and Ajit Inder Singh took away his son in an injured condition to Rajindra Hospital, Patiala, in a vehicle, where doctor declared him dead. The complainant further stated that when he was going to Police Station to lodge the report, Inspector Rajbir Singh, SHO Police Station Civil Lines, Patiala met him at Leela Bhawan Chowk, Patiala, who recorded his statement. The complainant further stated that his son Gulshan Kumar has been murdered by Surjit Singh and his servant Prabhu Kumar with common intention.

(3.) Inspector Rajbir Singh (PW.9) made his endorsement (Ex.PA/1) on the above said statement at 3.15 PM and on the basis of the said statement (Ex.PA), the formal FIR (Ex.PA/2) was registered at 4.25 PM. The special report was received by the Judicial Magistrate at 5.10 PM.