MANJIT AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 28.01.2010 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur in Sessions Case No.RBT 27/2008 whereby the appellants (Manjit Singh and Baljit Kaur), who were charged with and tried for offence punishable under Sections 302, 325, 324, 323, 506 read with 34 of the Indian Penal Code, have been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- each and in default of payment of fine to further undergo RI for a period of three months, each.

(2.) Challan was also filed against Pritam Kaur and Harjinder Singh. However, they expired during the pendency of the trial and the proceedings against them were abated.

(3.) The case of the prosecution in a nutshell is that on 4.7.2006, one chit without number, in respect of Manjit Singh was received in the Police Station from Civil Hospital, Tanda. On this SI Gopal Singh visited Civil Hospital, Tanda where the doctor told him that the injured has been referred to Ludhiana Hospital. On 4.7.2006, one telephone was received from Ludhiana that injured Manjit Singh is admitted in DMC Hospital, Ludhiana. On this SI Gopal Singh alongwith other members of the police party visited DMC, Ludhiana and obtained ruqa No. 3740/4.7.2006 from the Hospital. On the application of the Investigating Officer , the injured was declared unfit to make the statement. On 11.7.2006, SI Gopal Singh again visited DMC, Ludhiana. Once again the doctor declared Manjit Singh unfit to make the statement. On 12.7.2006 again SI Gopal Singh visited DMC Hospital Ludhiana. Manjit Singh was declared fit to make the statement by doctor. The statement Ex. PO of Manjit Singh was recorded by SI Gopal Singh. Manjit Singh stated that he was an agriculturist. On the intervening night of 3/4.7.2006, at about 00.30/1.00 AM he was coming back from the fields to his house. When he reached near the house of Harjinder Singh, Harjinder Singh, Manjit Singh son of Harjinder Singh, Pritam Kaur wife of Harjinder Singh and Baljit Kaur wife of Manjit Singh armed with dangs and rods were standing there. They immediately started beating him and caused number of injuries on his person. He raised raula. On this Raghbir Singh came there from his nearby Haveli. On seeking him the accused ran away from the spot. He was taken to Civil Hospital, Tanda by Raghbir Singh from where he was referred to Civil Hospital, Hoshiarpur. From Hoshiarpur, he was referred to DMC, Ludhiana and was under treatment there. The reason behind the attack was that the ridge (Wutt) of his fields was joint with the accused. They used to cut the ridge everyday. As he objected to this they caused injuries to him in connivance with each other. He stated that he was making the statement in the presence of his brother Surjit Singh. On the basis of the statement FIR u/s 325, 324, 506/34 IPC was registered at P.S. Tanda. On 26.07.2006 the injured Manjit Singh died. Thereafter offence u/s 302 IPC was added. The post mortem of the dead body of Manjit Singh was got conducted at Civil Hospital, Dasuya. On 31.07.2006 the accused were arrested. After completion of investigation report under Section 173 CrPC was filed against Manjit Singh and Baljit Kaur - appellants and Harjinder Singh and Pritam Kaur. As stated above, Harjinder Singh and Pritam Kaur died during the pendency of the trial and proceedings against them were abated.