STATE OF PUNJAB Vs. HARBHAJAN SINGH AND ORS.

JUDGEMENT

(1.) STATE is in appeal aggrieved against the judgment passed by the learned Sessions Judge, Amritsar on 19.09.2001, whereby it acquitted accused Palwinder Singh and Devinder Singh sons of Harbhajan Singh by granted benefit of doubt, whereas convicted and sentenced Harbhajan Singh son of Balwant Singh for an offence punishable under Section 304 Part II IPC. In the present appeal, State has claimed setting aside of acquittal of Palwinder Singh and Devinder Singh as well as setting aside of conviction of Harbhajan Singh for an offence punishable under Section 304 Part II IPC, but instead to convict him for an offence punishable under Section 302 IPC.

(2.) THE prosecution case was set in motion on the statement of Surjit Kaur widow of Narinder Singh -deceased made to Inspector Girdawar Ram Pal, SHO, P.S. Vijay Nagar, Amritsar on 24.03.1996 at Sri Guru Teg Bahadur Hospital, Amritsar at about 9.30 am. In her statement Ex.PG, Surjit Kaur stated that on 23.03.1996 at about 10.00 pm, she along with her husband Narinder Singh and brother -in -law Sawarn Singh were talking to each other at their house, when they heard noise of lalkaras being raised in the street. Electric light was on at verandah of the cattle room of the house. She, her husband Narinder Singh and Sawarn Singh noticed that Harbhajan Singh armed with a thhooni(wooden log to support the cart), Devinder Singh armed with a dangand Palwinder Singh empty handed were present there. She stated that Devinder Singh on seeing Narinder Singh raised lalkara to his co -accused that he be killed, as he was not accepting the good living of the accused. Thereafter, Palwinder Singh caught hold of Narinder Singh and Harbhajan Singh gave him a thhooniblow with force on his head. On raising alarm by her and Sawarn Singh, all the accused ran away along with their respective weapons. After arranging for a conveyance, she and Sawarn Singh removed Narinder Singh to Guru Nanak Dev Hospital, where the Doctors declared him dead. She further stated that she was waiting for her sons. She made the statement before the police on 24.03.1996 at Sri Guru Teg Bahadur Hospital, Amritsar. On the basis of such statement, ruqa Ex.PG/1 was sent to the Police Station for registration of a case at 9.30 am. On receipt of ruqa Ex.PG/1, FIR Ex.PG/2 was recorded on 24.03.1996 at about 10.35 am. The special report was received by the learned Magistrate at about 4.25 pm on the same day.

(3.) TO prove its case and to complete the chain of circumstances, the prosecution has examined as many as 9 witnesses. PW -1 is Dr. Ashok Chanana, who conducted post -mortem examination on the dead body of Narinder Singh on 24.03.1996 at about 4.25 pm. He found lacerated wound obliquely placed with clotted blood on the upper aspect of the head. On dissection, the underlying frontal bone was found fractured into multiple pieces and the fractured pieces were piercing into the underlying membrance and brain matter. In his opinion, cause of death was laceration of the brain, which was sufficient to cause death in ordinary course of nature. Apart from examining the other formal witnesses and the author of FIR, the prosecution has also examined PW -9 Dr. Inderjit Singh Hundal, who medico -legally examined PW -5 Narinder Singh on 24.03.1996 at about 8.20 pm and found an abrasion 1.4cm x 0.2cm present on the dorsum of right hand. The doctor has also noticed swelling on the left side of the skull. In his cross -examination, the Doctor has admitted that the possibility of self suffering the above said two injuries cannot be ruled out.