AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIK Singh, Bhola Singh, Piara Nath alias Piara Singh and one Surjan Singh were tried by the Court of Additional Sessions Judge, Mansa for committing murder of Ujjagar Singh. By judgement dated 5.10.2001, AMRIK Singh and Piara Nath alias Piara Singh were convicted under Section 302 IPC, whereas Bhola Singh was convicted under Section 302 read with Section 34 IPC and they were sentenced as under:

(2.) THE prosecution story, in brief, is that Bhappa Singh son of Surjan Singh, complainant is the father of the deceased, Ujjagar Singh who was married and residing separately from Bhappa Singh. On 1.6.2000, Bhappa Singh and his family members after taking dinner were present in the courtyard of the house. Ujjagar Singh, Bhola Singh, Amrik Singh, Surjan Singh and Piara Nath @ Piara Singh were taking liquor on the roof of the house of Amrik Singh which is adjoining the house of the complainant. On the roof, electric bulb was on. At about 11:30 p.m, complainant heard someone while abusing, then he along with Tejo, wife of Jit Singh resident of Barnala who is the mother-in-law of Ujjagar Singh went on the roof of Amrik Singh through stairs. THEn, he sighted that Amrik Singh was giving gandasa blow on the head of Ujjagar Singh while saying that he was to be taught a lesson for abusing him. On receiving the gandasa blow, Ujjagar Singh fell down. THEn Piara Nath @ Piara Singh armed with a gandasa, gave a blow which hit on the chest of Ujjagar Singh. When Ujjagar Singh was lying on the ground, then Amrik Singh gave another gandasa blow hitting on his back. Bhola Singh, who was armed with a soti, gave also a blow on the right and left thighs of Ujjagar Singh. Raula was raised by the complainant and Smt. Tejo. THEn all the accused fled away from the spot with their respective weapons. Boghli, son of the complainant also came to the spot on hearing raula. THEn Ujjagar Singh was brought to the courtyard of his house. He made efforts to arrange vehicle for shifting Ujjagar Singh to the hospital for treatment but no vehicle was available. In the meantime, Ujjagar Singh had succumbed to his injuries. Bhappa Singh left Boghli to guard the dead body and gave intimation to Sarpanch, Nihal Singh, who directed the complainant to inform the police. THEn complainant with Bhura Singh had gone to the Police station. Statement of Bhappa Singh was recorded at 1:50 a.m. Bhappa Singh had signed the statement in token of its correctness. Special report was delivered to the Ilaqa Magistrate at 7:15 a.m. Police party headed by Joginder Pal Singh, Inspector had gone to the spot. Inquest report was prepared. Blood stained earth was lifted and the same was made into a sealed parcel. Sealed parcel was taken into police possession vide memo attested by the witnesses. One glass tumbler and half bottle of liquor were also recovered from the spot and the same were sealed separately and were taken into police possession.

(3.) AFTER the completion of investigation, accused were challaned. Accused were charged under Sections 302 read with Section 34 IPC. Accused did not plead guilty and claimed trial. In order to substantiate its case, prosecution examined number of witnesses: PW-1, Dr. Sohan Lal had conducted post mortem examination on the dead body of Ujjagar Singh and found the following injuries: