AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal by Ajit Singh son of Achhar Singh aged 17/18 years who has been convicted by the Sessions Judge, Ferozepore, under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life for having intentionally caused the death of Harnam Singh. Achhar Singh father of the appellant was also tried along with him but only a lalkara was attributed to him and the trial Judge found such an allegation to be uncertain basis for holding that he had participate in committing murder of the deceased, and consequently acquitted him.

(2.) THE prosecution case is an under. Achhar Singh accused (since acquitted), his son Ajit Singh appellant and Harnam Singh deceased have their houses near one another in the colony of Mazhabis in village Fatehpur Manian, District Ferozepore. On 15th of June, 1966, at about sunset time, Harnam Singh was present in his house with his daughter Maya who is married and had come to her parents from another village some 14/15 days earlier. Smt. Shamo P. W. 3, widow of Harnam Singh was also present. They all heard Achhar Sing accused raising changars in a state of drunkenness in the open space in front of their house near the door way. Harnam Singh asked Achhar Singh not raise changars in front of their house but the latter instead of accepting the advice started abusing and did not stop changars. Smt. Maya and Smt. Shamo asked Harnam Singh not to worry when Achhar Singh was so shameless in raising changars opposite their house. At that time Harnam Singh had a dang in his hand. An altercation was going on when Revel Singh Sarpanch, P. W. 4, also arrived there. Ajit Singh rushed to the spot with a spear from the direction of his house and was abusing Harnam Singh. He stepped for want towards Harnam Singh with a spear when the latter struck a dang blow on his left forearm. At this stage, it is alleged that Achhar Singh shouted a lalkara to his son Ajit Singh appellant asking him to strike Harnam Singh with a spear and finish him. Ajit Singh is then stated to have plunged his spear in the chest of Harnam Singh who immediately fell on the spot and an alarm was raised by Smt. Maya and Smt. Shamo P. W. 3, but the appellant and his father Achhar Singh fled away. Harnam Singh was then put on a cot, but he was found dead. Anup Singh P. W. 6, too reached the spot and the appellant confessed to him that he killed Harnam Singh with his spear. Smt. Maya and Ravel Singh remained with dead body while Smt. Shamo widow of the deceased along with Harcharan Singh Lambardar went to the Police Station Lambi, which is at a distance of 10 miles from the village and made the report, Exhibit P. 7 at 11 p. m. to Bakhshi Krishen Lal, Station House Officer. P. W. 12, S. I. Krishen Lal reached the village at 3 a. m. and collected the blood stained earth from the spot which was made into a sealed parcel. Ajit Singh was produced before the Sub-Inspector on the morning of 16th June, 1966, and his injury statement was prepared. Achhar Singh was also put under arrest at that time.

(3.) POST-MORTEM on the body of the deceased was performed by Dr. H. S. Mahal, in charge Civil Hospital, Gidderbaha, who found one incised wound 4 cm. x 1. 5 cm. on front of chest- 8 cm. below and inner to left nipple and 12 cm. below sternal notch. In the opinion of the doctor, the injury was caused by sharp-edged stabbing weapon and was sufficient in the ordinary course of nature to cause death.