GURMIT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The three appellants have been convicted under Sec. 302 read with Sec. 34 Penal Code. They have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 200.00 each. Aggrieved by the order, they have filed the present appeal.

(2.) The prosecution story was initially revealed by Kuldeep Singh (PW1) in his statement before Inspector Harjinder Singh. He stated that on March 5, 1994, he had reached back home along with his truck no. HR-03-8667. At about 6 PM, he was watching T.V. his wife - Darshan Kaur was cooking vegetables in the court-yard. At that time, Gurmit Singh alias Mita, Balwinder Singh alias Bhola and Mangu s/o Jit Singh, all of whom resided in his village Sekhan came to his house in their truck bearing No. CH-01-K-0374. On arrival, they started beating Darshan Kaur. On hearing the noise, he came out. The three persons gave him beating. He raised an alarm. On hearing his noise, his father - Janak Singh who was working in the nearby filed reached the spot. After giving beating, Gurmit Singh got in to the truck. His father-Janak Singh asked Balwinder Singh and Magu as to why they had beaten his son and daughter-in-law. An alteration ensured. Gurmit singh drove the truck. Balwinder Singh and Mangu pushed his father in front of the truck. He fell dow. The front right wheel of the truck ran over the waist of his father. They left the truck behind and ran away. His conductor - Mastan Singh carried the three of them viz. Darshan Kaur, Janak Singh and him in the truck to Mittal Hospital, Rajpura, Janak Singh was got admitted. He died after some time. He as well as his wife did not get themselves examined in the private Hospital. However, they remained in the hospital for the night. Next day, they came back to the village. He informed his father younger brother, the elder brother and the Panchayat of the Village about the incident. Along with his uncle Gurnam Singh, he was going to the Police Station to lodge a report. However Inspector Harjinder Singh met him on the way and recorded his statement. A fact which deserves mention here is that in his statement, the complainant - Kuldeep Singh categorically stated that "we had no dispute between us....." He further stated that all the three accused had taken enough wine when they came to his house. On the basis of this statement, FIR Ex.PA/2 was recorded at 12.30 PM. The special report reached the Ilaqa Magistrate, Rajpura at 3.30 PM.

(3.) Harjinder Singh (PW7) prepared the inquest report Ex.PC. The dead body was identified by Gumam Singh - the brother of the deceased and Harmesh Singh - Sarpanch of the village. After investigation, the challan was presented to the court. The three appellants were tried and convicted.