BUTA KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Buta Khan appellant-accused filed Crl. Appeal No.696-DB of 1997 against his conviction and sentence under Sec. 302 and 325 of the Indian Penal Code recorded by the Additional Sessions Judge, Mansa and the State filed Crl.A.No. 97-DBA of 1998 against the acquittal of the remaining accused whereas the complainant Bharpur Kaur filed Crl. R.No. 1219 of 1997. As both the appeals and the revision arise out of a common judgment, the same are being disposed of by this judgment.

(2.) On 7.12.1992, at about 10.00 P.M. Jagjit Singh (deceased) and Sethi PW.3 were coming back on a motor cycle to their house after dropping his friend Gurjant Singh at his house. When they reached near the house of Nazir Khan resident of Mohalla Surgapuri (i.e. cremation ground) within the area of Police Station City, Mansa, he saw in the light of the motor cycle that Sardaro wife of Nazir Khan unarmed, Nazir Khan, Kessi Khan armed with sticks, Buta Khan armed with a rod were standing on the road. When Jagjit Singh reached near the gate of Kabarkhana (junk store) Sardaro exhorted that he was Jagjit Singh and he should not be allowed to escape. Then Sardaro came in front of the motor cycle of Jagjit Singh as a result of which he along with Sethi fell down from the motor cycle ad received injury on his left leg. In the mean-time Buta Khan appellant inflicted three rod blows continuously on the head of Jagjit Singh, which hit on right side, left side and back side of his head. Thereafter Kessi Khan inflicted a stick blow on his left knee and two on his right leg whereas Nazir Khan inflicated a stick blow on his nose and two on his right knee. The deceased fell on the ground. The assailants took to their heels. After the occurrence Sethi PW.3 took Jagjit Singh deceased to Civil Hospital where he was admitted. The deceased also disclosed that he had been given injuries by the aforesaid persons to Jasbir Singh PW.4 when he met him in the hospital.

(3.) On 8.12.1992, Inspector Baj Singh PW.8 on receipt of injury report from Civil Hospital, Mansa went there and moved an application Ex.PH/1 to the Medical Officer to know as to whether Jagjit Singh injured was fit to make a statement and vide opinion Ex .PH/2, he was declared fit to make a statement. Thereafter Inspector Baj Singh recorded the statement Ex.PJ of Jagjit Singh and on its basis DDR Ex.PJ/1 was recorded.