MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDEV Singh and his son Manjit Singh of Bhikhi have been tried by Shri K. S. Kauldhar Additional Sessions Judge, Bathinda for having caused the death of Amar Chand and they have been convicted for offences under Sections 302/34 and 201 of the Penal Code and sentenced to imprisonment for life and a fine of (sic) as well on 6-7-1988. Aggrieved against it the present appeal has been attempted.

(2.) BRIEFLY, the story of the prosecution is that Amar Chand and his son Shushil Kumar (PW 6) has been running a karyana shop at Bhikhi. On 12-2-1987 at mid-day Amar Chand the father went home for taking meals but did not return to the shop thereafter. A search continued. On 17-2-1987 a report was made about the missing father Amar Chand by his son at police station Bhikhi and it was recorded in daily diary. Thereafter on 27-2-1987 on the statement of Shushil Kumar the son, a formal FIR (Ex. PY) was registered wherein the complainant son had informed the police that a decree of Rs. 10,000/- which his father Amar Chand had obtained against Gurdev Singh from a Civil Court was still awaiting satisfaction and payment of outstanding instalment and he believed that Gurdev Singh and his son Manjit Singh abducted his father with the intention to cause his death. The story further goes that it was thereafter that Shri Sukhdev Singh the then S. H. O. police station Bhikhi along with Faqiria Sarpanch and several others took up investigation of the case. Gurdev Singh along with the hammer (Ex. PH) made an extra-judicial confession to Dr. Mangat Ram (PW 2) a medical practitioner of the town and thereafter he was produced before the police. Subsequently the dead body of Amar Chand was recovered at the instance of Gurdev Singh from the agricultural field of the brother of this accused. Bal Krishan (PW 4) of Bhikhi had noticed at 10/10. 30 p. m. on 12-2-1987 Gurdev Singh along with his son Manjit Singh carrying some thing wrapped in a Khes and placed on the carrier of the bicycle. PW 5 Girdhari Lal a shop-keeper had seen Amar Chand talking with a loud voice with Gurdev Singh at the shop of the latter on 12-2-1987.

(3.) P. W. 1 Dr. Sat Pal Bansal, Medical Officer, Civil Hospital, Mansa, conducted the post mortem examination on the dead body of Amar Chand son of Mohan Lal Mahajan aged 60 years at 5. 20 p. m. on 27-2-1987 and the injuries found on the person of the deceased were as under:-1. There was incised wound 4 c. m. x 1. 5 c. m. on the right side of vertex 7 c. m. above upper margin of the right orbit. Bone was exposed. 2. There was incised wound on the left side of vertex 3 c. m. from midline just anterior to the middle of vertex size 4 c. m. x 1 c. m. bone exposed. 3. Anterior to injury No. 2 there was a wound incised in nature situated at distance of 3 c. m. from injury No. 2 size 2 c. m. x 0. 5 c. m.-- bone exposed.