GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) One Didar Singh was the owner of vast agricultural lands in village Sehke, within the area of Police Station, Amargarh, which was ultimately divided amongst his sons. He has four sons, namely Ranjit Singh, Gurdeep Singh, Harjit Singh and Surjit Singh. Lakhwinder Singh P.W.-3 and Amrik Singh P.W.-5 are sons of Surjit Singh deceased. This land was divided amongst Didar Singh and his aforesaid four sons. 22 Bighas came to the share of each of four sons. Still another 22 bighas, the fifth share, was kept by Didar Singh, the father himself. Surjit Singh deceased used to reside with his father Didar Singh. So 22 Bighas of land which came to the share of Didar Singh was under cultivation of Surjit Singh deceased, The land of the share of Didar Singh i.e. 22 Bighas was also in possession of Surjit Singh and this was the source of irritation and was to the disliking of other two brothers, namely, Ranjit Singh and Gurdeep Singh. Civil suits were pending between the parties and both the parties had obtained stay orders. Balbir Kaur wife of Ranjit Singh i.e. the daughter-in-law of Didar Singh was also previously a party for having inflicted injuries to Didar Singh because she also did not want that 22 Bighas of land besides his own share should remain with Sugit Singh.

(2.) As a result of this enmity between the brothers, on 12.6.1995, around 7.00 A.M.. Ranjit Singh appellant armed with a Kirpan Ex.P-12, Gurdeep Singh also armed with a Kirpan Ex.P-l1 and Amrik Singh armed with a Kirpan Ex.P 14, Balbir Kaur armed with a Gandasa Ex.P-13 and Karamjit Kaur armed with a Kahi (spade) Ex-P-10 came to the fields of Didar Singh and his wife Basant Kaur to take possession of land. Ranjit Singh appellant raised a lalkara that the complainant side should not be spared and opened the attack and gave a kirpan blow on the head of Surjit Singh while Gurdeep Singh appellant also gave a kirpan blow on the head of Surjit Singh as a result of these two injuries Surjit Singh fell with his face downward on the ground. Amrik Singh then gave three blows one after the other with his kirpan on the back side of the head and right shoulder of Surjit Singh. In the meanwhile Basant Kaur mother of Surjit Singh tried to step forward to rescue her son but Gurdeep Singh appellant gave a kirpan blow to her which hit on the left side of her head. He gave another kirpan blow on forehead of his mother Basant Kaur. Then Amrik Singh appellant gave atleast three kirpan blows to Basant kaur which hit on the palm of her right hand, left hand and right shoulder. Then Didar Singh came ahead to save Basant kaur but Ranjit Singh appellant gave two kirpan blows to his father on the left side of his head and wrist of right hand. Amnk Singh and Gurdeep Singh gave 7/8 more kirpan blows from the reverse side to the old man. Then Ranjit Singh gave two more Kirpan blows to Amrik Singh, of course, from the reverse side of the kirpan, which hit on his left foot and on the lower and upper portion of left arm. Lakhwinder Singh P.W.-5 tried to separate them and during that process he also received kirpan injuries on his hands. The two ladies, namely, Karamjit Kaur and Balbir Kaur since they were also armed with weapons also inflicted injuries to Basant kaur. Haijit Singh brother of the deceased and also brother of the accused raised the alarm to rescue the victi as. Surjit Singh and other injured were brought to Civil Hospial, malerkotla but Surjit Singh succumbed to the injuries on the, way.

(3.) Lakhwinder Singh P.W.-5 then made a statement Ex.PHH in Civil Hospital, Malerkotla, on 12.6.1995 around 12.20 P.M. before Inspector Shavinder Singh P.W.- 11 and on its basis formal F.I.R. Ex.PHH/3 was recorded on 12.6.1995 at 1.00 P.M. and the specia1 report reached the learned Ilaqa Magistrate, the same day at 5.25 P.M. Thereafter the Investigating Officer prepared inquest report Ex.PB on the dead body of Surjit Singh deceased. He sent the dead body for post mortem. After post mortem clothes of the deceased were taken into possession vide memo Ex.PLL. Thereafter Inspector Shavinder Singh, P.W.-1 I went to the scene of occurrence and prepared rough site plan Ex.PQQQ with correct marginal notes and lifted blood stained earth vide memo Ex.PMM. He also took into possession tractor No.PBD-7437 vide memo Ex.PNN. The Investigating Officer also lifted blood stained turban of the deceased vide memo Ex.POO. He also lifted one purse belonging to Amrik Singh appellant vide memo Ex.PQQ. He also got the scene of occurrence photographed. Ex.P-11 to P-15 are the photographs and Ex.P16 to P20 are the negatives of the said photographs. On 14.6.1995 Ranjit Singh accused was seen coming on Scooter No.PCU-8734 and Gurdeep Singh and Amrik Singh on tractor No.HYX-7008 and they were arrested. The scooter and the tractor were taken into possession vide memos Ex.PRR and PSS respectively. Constable Manjit Kaur produced Balbir Kaur accused before the Investigating Officer and she was also arrested. On 17.6.1995, in pursuance of his disclosure statement Ex.PTT got recovered Kirpan Ex.P-11 which was taken into possession vide memo Ex.PYY. Similarly Ranjit Singh accused in pursuance of his disclosure statemet Ex.PUU got recovered kirpan Ex.P-12 which was taken into possession vide memo Ex.PBBB. Amrik Singh accused was also interrogated and in pursuance of his disclosure statement Ex.P.W., he got recovered kirpan Ex.P-14 which was taken into possession vide memo Ex.PHHH. On disclosure statement Ex.P.W.W Balbir kaur accused got recovered Gandasa Ex.P-13 which was taken into possession vide memo Ex.PEEE. On 18.6.1995, Karamjit Kaur accused was interrogated and in pursuance of her disclosure statement Ex.PKK, she got recovered Kahi (spade) which was taken into possession vide memo Ex.PMMM. After completion of the investigation, the accused were put to trial.