MALOOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of aforesaid criminal appeals, arising out of judgment dated 24.3.2001, convicting the accused-appellants in Criminal Appeal Nos.216-DB of 2001 and 282-DB of 2001 for the offences punishable under Sections 148, 302 and 149 IPC. Vide separate order of even date, the accused- appellants were sentenced for varying terms including imprisonment for life and to pay a fine of Rs.1000/- each for an offence punishable under Section 302 and 149 IPC. Accused-appellant Kuldip Singh was also convicted for an offence punishable under Section 323 IPC for inflicting simple injuries to Mohinder Singh, whereas all other accused-appellants convicted for the offences punishable under Sections 323 and 149 IPC as well. The complainant has filed Criminal Revision No.920 of 2001 seeking enhancement in the sentence awarded by the learned trial Court.

(2.) One Sukhdev Singh s/o Gulzar Singh made a statement before the Police on 29.6.1998 pointing out that there is party faction on account of Panchayat election in their village Kallowal (for short 'village'). On 2.6.1998, Paramjit Singh S/o Malook Singh (now appellant) openly fired in the air with 315 bore gun of his brother Pal Singh. A case has been registered in Police Station Lopoke and both the parties were challaned for an offence under Sections 107 and 151 Cr.P.C. The case was fixed in the Court of Sub Divisional Magistrate, Ajnala. Both the parties have come to the Court on their respective vehicles. The case was adjourned to 13.7.1998 by the Sub Divisional Magistrate, Ajnala at about 11.00 AM. He went to Tehsil compound for his personal work. Paramjit Singh went to the village alongwith his other fellows on his tractor- trolley. After some time, the complainant alongwith Avtar Singh S/o Bhajan Singh, Kunan singh S/o Harnam Singh, Mohinder Singh S/o Gulzar Singh, Baldev Singh S/o Lakha Singh left for their village in a maruti car, driven by Mahain Singh. At about 11.30 AM, when their car reached half kilometer ahead of village Issapur towards village Chogwan side, Paramjit Singh was seen blocking the passage with tractor-trolley. Car was stopped and then all the accused present in Court came down from the said tractor trolley. Accused Paramjit Singh, Pal Singh, Ranjit Singh armed with kirpan, accused Saranjit Singh and Satnam Singh armed with datar, accused Kuldip Singh armed with gandassi and accused Malook Singh came down of their tractor-trolley while raising lalkaras. On seeing them, complainant asked Mahain Singh, driver of the car, to take the same back, but while taking the car back, it got stuck in a pit and stopped. Accused Paramjit Singh and others came near their car. As the complainant party was empty handed, they ran out of the car towards village Issapur. Paramjit Singh accused raised lalkara to catch hold of Avtar Singh, as he is root cause of the dispute. The accused party ran towards Avtar Singh. Accused Paramjit Singh, Pal Singh and Ranjit Singh gave kirpan blows on the person of Avtar Singh, as a result of which he fell down on the ground. After that accused Saranjit Singh and Satnam Singh gave datar blows on the back of the neck of Avtar Singh. Kuldip Singh also gave 5/6 blows with his gandassi. Malook Singh also gave kirpan blows on the person of Avtar Singh. Brother of the complainant, Mohinder Singh made hue and cry not to kill Avtar Singh and came forward to save Avtar Singh, when Kuldip Singh gave three gandassi blows on the person of Mohinder Singh. Thereafter, all the accused ran away towards village Othian on their tractor trolley, while raising lalkaras. The complainant and Baldev Singh went to see Avtar Singh, but he had succumbed to his injuries. On the basis of such statement (Ex.PA) at about 12.30 PM, an FIR (Ex.PW3/E) was recorded at 1.30 PM. The inquest report is Ex.PF with hour of discovery of dead body at 12.30 PM. Baldev Singh and Kunan Singh are the persons, who identified the dead body. The injuries noticed in column No.10 of the inquest report are: (i) three injuries of sharp edged weapon, left back side in the head (ii) four marks of injuries on neck; mark of injury on right ear; two marks of wound on right front side of leg; two parks of wound on left buttock; mark of wound on left leg back side and left ankle and remaining injuries according to injury statement. The special report was sent to the Magistrate at Ajnala and the same was received by the said Magistrate at 6.50 PM on the date of occurrence. Initially in the report under Section 173 Cr.P.C., the name of Kuldip Singh was put in column No.2. However, on the basis of statement of Sukhdev Singh (PW-1) in the Court on 26.2.1999, Kuldip Singh was summoned under Section 319 Cr.P.C. to face trial. Thereafter, Sukhdev Singh has appeared as PW3 and Dr. Ashok Kumar as PW-1, who has given medico legal report in respect of Mohinder Singh, when examined at 5.15 PM on 29.6.1998 at Civil Hospital, Ajnala. Dr. Gurmanjit Rai appeared as PW-2, who has performed the post-mortem on the dead body of Avtar Singh on 30.6.1998 at 9.00 AM. The injuries on the person of Mohinder Singh are reported to be simple in nature and caused by blunt weapon. The Doctor has not ruled out the possibility of these injuries being self-suffered. The Doctor has found 21 injuries on the person of Avtar Singh. Out of which, injury Nos.1 to 3 were found sufficient to cause death in the ordinary course of nature. All other injuries i.e. injury Nos.4 to 21 are reported to be abrasions on different part of the body such as right side of forehead, right side of face, bridge of nose, right ear pinna, back of right upper arm I its upper one third, back of right elbow, front of right shoulder, below nip of neck, right side of neck, below nip of neck from posterior hair line, above enterier superior aliac spine, calf of right leg, middle of front of right leg and deresum of left foot.

(3.) Sukhdev Singh (PW-3), on whose statement the FIR was lodged, and Mohinder Singh (PW-4) injured, are real brothers. The next material witness is SI Dharampal (PW-8). The said witness has proved rough site plan Ex.PY. As per the said plan point A is the place, where dead body of Avtar Singh was lying, point B is the place from where blood stained earth was picked up, point C is the place from which blood stained parna of Avtar Singh was picked up, point D is the place, where Mohinder Singh sustained injuries, point E is the place, where Maruti car was parked. Point A is 15 karams from point E.