TOTA SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two appellants, namely, Tota Singh and Jaspal Singh, the father and son respectively have been convicted and sentenced for allegedly causing the death of Jaswinder Kaur deceased.

(2.) The appellants are residents of village Dhalwan, situated within the area of Police Station, Nathana, district Bathinda, in State of Punjab. Jagjit Singh P.W4 is the husband of Jaswinder Kaur deceased and the appellants have their residential houses in the same street in the said village. An agricultural implement Dusanga (two pronged Jeli) was borrowed by Jagjit Singh P.W4 from the appellants. On 2.7.1994, at about 9.30 P.M. both the appellants demanded Dusanga from Jagjit Singh P.W4. The latter told that in fact some body had further taken the same from him and had not returned and was going to find out as to who had taken the Dusanga from him and would return the same thereafter. The appellants allegedly got enraged and there was an exchange of hot words. On hearing noise Jaswinder Kaur wife of Jagjit Singh P.W4 rushed to the lane apprehending some trouble and Jaspal Singh appellant dealt a Gandasa blow on her head as a result of which she fell down on the ground. Tota Singh wielded a Gandasa towards Jagjit Singh, who managed to get away. Both Jagjit Singh and Sukhbir Singh raised alarm. Tota Singh then inflicted a Gandasa blow from its blunt side on the head of Jaswinder Kaur, who was already lying on the ground. Both the appellants ran away from the scene of occurrence along with their weapons. The incident as such was witnessed by Sukhbir Singh P.W5 and Paramjit Kaur, son and daughter of the deceased. Jaswinder Kaur deceased died there and then.

(3.) On 2.7.1994, at about 11.15 P.M. Jagjit Singh P.W4 met SI Jagjit Singh P.W6, incharge of Police Station, Nathana, at a naka at the bus stop of Nathana where the police party was present. He made a statement Ex. PD before SI Jagjit Singh P.W6, who after making his. endorsement Ex. PD/1 sent the same for registration of a case and on its basis formal F.I.R. Ex. PD/2 was recorded by MHC Harbans Singh, at 12.10. A.M. on 3.7.1994. The special report reached the learned Ilaqa Magistrate at 6.30 P.M. on 3.7.1994. Thereafter the said SI went to the place of occurrence. He prepared inquest report Ex. PB and sent the dead body for post mortem. He also lifted blood soaked earth and simple earth vide memo Ex. PG. Rough site plan Ex. PH of the place of occurrence was also prepared. The investigation of the case was taken over by SI Satwant Singh P.W.7. On 12.7.1994, Darbara Singh of village Kalyan Sukha produced both the accused before him, when they were arrested. In pursuance of his disclosure statement Ex.PK Tota Singh appellant got recovered Gandasa Ex.P5 which was taken into possession vide memo Ex. PE. Similarly, Jaspal Singh appellant in pursuance of his disclosure statement Ex.PL got recovered Gandasa Ex.P4 which was taken into possession vide memo Ex. PF. Both the recovery memos were attested by SI Mal Singh P.W.8 and Darbara Singh.