DHANWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dhanwant Singh alias Bhanta (32) was tried under Section 302 of the Indian Penal Code for the murder of his elder brother Darshan Singh by the learned Sessions Judge, Ludhiana. He was convicted for the said offence by judgment dated November 12, 1988. By order of the same date, he was sentenced to life imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was further sentenced to rigorous imprisonment for three months.

(2.) According to the prosecution, Darshan Singh deceased was carrying his wife on the carrier of his bicycle for dressing an injury to Ahmedgarh, which is 2 kms from his native village Khera. At about 11.30 a.m. they reached near the house of Mukhtiar Singh, another brother of the deceased and the accused. The accused Dhanwant Singh was seen coming from the opposite direction carrying green fodder on his head. He threw down the bundle on the ground and stopped Darshan Singh. Darshan Singh as well as his wife got down from the bicycle and he asked the accused as to why he was stopping him as the matter had already been settled. The accused, however, told him that he would teach him a lesson for removing the peg from the side of his manure heap. Saying so the accused whipped out a knife and dealt a blow with it on the left flank of the deceased who fell down. Jaswant Kaur raised an alarm. Her cousin sister (father's sister's d/o) Sukhdev Kaur and son Balbir Singh reached there. The accused ran away with the knife. Malkiat Singh and Gurjit Singh also reached the place of occurrence soon afterwards. The injured was removed in a tractor-trolley to the Civil Hospital, Ahmedgarh, by them but he succumbed to his injuries in the hospital. Leaving Malkiat Singh and Gurjit Singh to guard the dead body, Jaswant Kaur went to Police Station Dehlon, 6 kms away and lodged first information report at 1.00 p.m. Copy of the special report was received by the Judicial Magistrate the same day at 2.45 p.m. at Ludhiana. SI Balbir Chand PW-9 accompanied Smt. Jaswant Kaur to the Civil Hospital, Ahmedgarh, and found the dead-body of Darshan Singh and Malkiat Singh and Gurjit Kaur PWs present there. He prepared inquest report and sent the dead body for post-mortem examination. He then went to the village and inspected the spot. He prepared rough site plan and recorded the statements of Balbir Singh and Sukhdev Kaur. The accused made himself scarce. On the next day Mohinder Singh PW-8, Sarpanch of the village, got the accused arrested from village Chhapaar. The accused was carrying spring actuated knife Exhibit P-1 in his pocket. It was taken into possession.

(3.) At the trial, the prosecution examined Jaswant Kaur PW-6, widow, and Balbir Singh PW-7, son of the deceased, as eye-witnesses. They fully supported the version set out in the first information report given above. SI Balbir Chand PW-9, Investigating Officer, also examined Sukhdev Kaur, the other eye-witness, was given up as having been won over.