LAWS(P&H)-1990-3-66

STATE OF PUNJAB Vs. RESHAM SINGH

Decided On March 06, 1990
STATE OF PUNJAB Appellant
V/S
RESHAM SINGH Respondents

JUDGEMENT

(1.) ON 27.7.1986 at about 6-30 P.M., deceased Madan Singh was present at the shop of Kishan Lal and was sitting outside the door of the shop quite close to it at village Gurhi Sanghar. His son-in-law Sukhdarshan Singh (PW 4), the informant, was standing in the street nearby who had gone to his in-laws on the previous day. Gurjit Kaur (PW 5), daughter of the deceased, came there to call them both to come for the dinner to the house situated at a distance of about 10 karams from the aforesaid shop. Accused Resham Singh who is none else but the nephew of Madan Singh came there and told the deceased that he had not done well in filing partition proceedings against them regarding joint land. The deceased replied that he had simply knocked at the door of the court in exercise of his right to get his share of land. Thereafter, the accused remarked that he was going to give him that right and suddenly gave a kard (kitchen knife) below which landed on the left side of the chest of the deceased after taking out from the loin fold of his Pyjama. PWs Sukhdarsan Singh and Gurjit Kaur raised an alarm at which accused Resham Singh ran away and along took the weapon. On receipt of the injury, Madan Singh fell down. After the accused left, PW Dharam Singh arrived there. He brought a jeep within 15 minutes and Madan Singh was carried towards Civil Hospital, Jaito but he succumbed to his injury on the way, whereupon his dead body was brought back to his house. Sukhdarshan Singh (PW 4) went to Police Station Kot Bhai accompanied by Chaukidar of the village and lodged first information report Exhibit PF. This set the police in motion.

(2.) SUB Inspector Gurmel Singh (PW 6) the then Station House Officer, Kot Bhai, visited the spot, raised blood-stained earth, conducted inquest and prepared rough site-plan. After the inquest, the dead body was sent for post-mortem examination.

(3.) ACCUSED Resham Singh was arrested on 5-8-1986. Kard Exhibit P-5 was recovered at his instance and ultimately on completion of usual investigations, he was challaned.