TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 7.12.1995, around 10.00 A.M. Darshan Singh deceased, his son Dalbir Singh and daughter Simrajit Kaur P.W.-2 residents of village Maure Kalan, within the area of Police Station, Lopoke, district Amritsar were digging foundation for the purpose of raising a wall around the Shamlat land which was in their possession. Tara Singh and his sons, namely, Harjinder Singh alias Jinda, Rajinder Singh, Devinder Singh alias Gogli and Lakhbir Singh alias Nannu, who reside near the said land came there and said that they would not allow them to dig the foundation as the land belonged to their father's brother Angrej Singh. The accused party started abusing. Darshan Singh and his son and daughter went to their house out of fear. There after Tara Singh and his aforesaid three sons went to the roof of the house of Angrej Singh which was, situated in front of the house of the complainant party. One of the bricks hit Darshan Singh deceased on his forehead as a result of which he fell down in the court yard of the house. Dalbir Singh and Simarjit kaur P.W.-2 raised a raula the hearing of which attracted Karaj Singh P.W.-3 to theuspot. Tara Singh appellant and his sons then got down from the roof of the house and left the place of occurrence while abusing. The injured was removed to civil Hospital, Lopoke where he was declared dead.

(2.) Simarjit kaur P.W.-2 met A.S.I. Paramjit, Singh P.W.-4 and made her statement Ex.PD before him and on its basis formal F.I.R. Ex.PD/2 was recorded at 1.30/2.15 P.M. on 7.12.1995. The special report reached the learned Ilaqa Magistrate at 6.30 P.M. the same day. After recording to the statement of Simarjit Kaur P.W.-2, A.S.I. Paramjit Singh P.W.-4 went to Civil Hospital, Lopoke, prepared inquest report Ex.PC and sent the dead body for post mortem. Thereafter he proceeded to the place of occurrence. The Investigating Officer lifted blood stained earth and one tile brick stained with blood vide memos Ex.PE and PF respectively. He also prepared rough site plan Ex.PG of the place of occurrence. On 8.12.1995, H.C. Kashmir Singh produced before him the clothes of the deceased which were taken into possession vide memo Ex.PH. All the accused were arrested on 15.12.1995.

(3.) Lakhbir Singh alias Nannu accused being a minor, his case was separated and set to the Juvenile Court at Gurdaspur for trial.