BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PW-3 Gurmej Singh, a resident of village Kakar Patti Tihara, had let out his Baithak in his out house to Harnek Singh (deceased) and Balbir Singh accused for their residence. Harnek Singh and Balbir Singh were mechanics employed to drill tube-wells at the instance of the Water Works Department. At about 4.30 A.M. on September 20, 1992, Gurmej Singh evoke up for putting fodder to his cattle and shortly thereafter heard a Raula from the side of the Baithak. On looking through the door, he saw that Balbir Singh had tied a Parna (a pecie of cloth) around the neck of Harnek Singh and had thrown him on the ground. He then picked up an iron rod gave blows with it on Harnek Singh's head. Having caused the injury, Balbir Singh ran away from the spot along with the iron rod. On going closer, Gurmej Singh found that Harnek Singh was dead. Leaving Bhupinder Singh, the Contractor, the employer of the deceased and the accused, to guard the dead body, Gunnej Singh made his way to Police Station, Sidhwan Bet and recorded the F.I.R. at 5.50 P.M. on September 20, 1992, with the special report being delivered to the Illaqa Magistrate at Jagraon at 7.30 P.M., the same day. ASI Pritam Singh (PW-5) then reached the place of incident and made the necessary inquiries and also dispatched the dead body for its post-mortem examination. The accused was arrested and on the completion of the investigation, he was charged for an offence punishable under Section 302 of the Indian Penal Code and he pleaded not guilty, was brought to trial.

(2.) The prosecution in support of its case, examined PW-1 Dr. S.K. Gupta, who had conducted the post-mortem examination on the dead body and had found two injuries thereon; PW-3 Gurmej Singh, the first informant and the solitary eye-witness; and PW-5 ASI Pritam Singh, the main Investigating Officer. PW Bhupinder Singh was, however, given up as having been won over by the accused.

(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure in which he stated that Harnek Singh had been killed by the terrorists and that he had no hand in the incident. He, however, admitted that Bhupinder Singh had rented out the Baithak belonging to Gurmej Singh (PW-3) for the use of the mechanics, who were boring the tube-well, and he along with Harnek Singh, Major Singh and Balwinder Singh were all residing in the Baithak at that time.