BABBA MASIH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sarvshri Bau Masih, aged about 84 years and his two sons namely Jagga Masih, aged about 40 years and Babba Masih, aged about 28 years, are in appeal against the judgment dated 17.4.2007 passed by the learned Sessions Judge, Gurdaspur vide which the appellants were convicted for the offences punishable under Sections 302/323/324/34 IPC and sentenced to undergo for varying terms as mentioned in the order of sentence.

(2.) Sardar Masih a neighbourer of the appellants is the deceased. The prosecution case was set in motion on the statement of Reeta wife of Rakesh and daughter-in-law of Sardar Masih, Ex.PE made to the Inspector Baldev Singh, SHO, P.S. Dorangla on 18.12.2005 at about 9.30 PM. As per her statement, Sajan son of her Jeth namely Bhilli i.e. elder brother of Rakesh, aged about 12/13 years was playing cricket outside with the son of Jagga Masih son of Bau Masih. Sajan came home weeping on account of beating by grand-son of Bau Masih. At that time, her father-in-law Sardar Masih and mother-in-law Mukhtiaran were present in the house. Sardar Masih complained to Bau Masih about the beatings to his grand son and came back. At about 7.30 PM, when electric bulbs outside two rooms of their house were on, Bau Masih armed with Dang, Jagga Masih armed with datar and Babba Masih armed with Chhavi (a sharp edged weapon measuring 3 4 1/4 having a blade of 7 8 cm) came to the courtyard of their house raising lalkara and started abusing. Sardar Maish, her father-in-law went ahead to stop them. But Bau Masih gave dang blow on his head. Jagga Masih gave datar blow to her father-in-law, who raised his right hand to ward off the blow and the same hit in between the first finger and thumb. Sardar Masih, her father-in-law fell down on the ground. She went ahead to save her father-in-law, but Babba Masih gave Chhavi blow to her, hitting on the inner side of wrist of her right hand. Thereafter, she and her mother-in-law Mukhtiaran raised alarm. The accused ran away from the spot along with their respective weapons. After some time, her father-in-law Sardar Masih succumbed to the injuries. Information about the incident was given to Shri Ajaib Singh, Sarpanch of the village, who informed the Police. The police came at the spot and recorded her statement. On the basis of ruqa sent by Inspector Baldev Singh, FIR Ex.PE/1 was registered at 10.00 PM. The special report was received by the learned Magistrate at 3.15 AM on 19.12.2005.

(3.) The post-mortem examination on the dead body of the deceased was conducted by Dr. Manwinder Singh Walia (PW-8) on 19.12.2005 at 12.50 PM. He has found 8 cm x 6 cm dark brown bruise on the right parietal region of the scalp and also an incised wound 7 cm x 1.5 cm in the webbing between index finger and thumb of the right hand. The cause of death was injury on the vital organ i.e. brain. The probable duration of injuries and death was immediate and between death and postmortem was within 24 hours. On the same day i.e. 19.12.2005, Dr. Manoj Gupta (PW-1) medico-legally examined Reeta at about 1.50 PM. He has noticed complaints of pain in the left lower leg and in right shoulder joint. He also noticed reddish wound 1 cm x 1.5 cm with irregular skin margins with loss of skin in this area. Clotted blood was also present. The wound was on right forearm lower part on plexor surface. Injuries No. 1 and 2 were kept under observation, whereas injury No. 3 was declared simple in nature. The duration of the injuries was within 12 to 24 hours.