JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagdev Singh son of Chand Singh has filed the present appeal. He was nominated as an accused in case FIR No. 117 dated 22.9.1987, registered at Police Station Dirba, under Sections 302, 326, 324, 323, 148, 149 and 120-B IPC along with his co-accused Satnam Singh, Kewal Krishan, Amrik Singh, who died during trial, whereas his other co-accused Maghar Singh and Bhupinder Singh were acquitted of the charges by the trial Court.

(2.) Vide impugned judgment dated 23.9.2002, the Court of Additional Sessions Judge (Ad hoc), Patiala, held the appellant guilty of offence under Section 304 Pat-II IPC and sentenced him to undergo rigorous imprisonment for a period of five years.

(3.) Case of the prosecution has emerged in the statement made by Hardev Singh. He stated that he was an agriculturist. In the morning at about 5.30 A.M. on 22.9.1987, he was going to answer the call of nature. At that time, Gurcharan Singh son of Bhagta Singh was following him. At the bus stand of Toorwanjara, Saran Dass son of Birbal Dass, who was Member of Panchayat and President of Truck Union, Dirba, was standing along with his children Brij Bhushan, aged about 7 years and Seema Rani, aged about 5 years. They were waiting for School Van of General Gurnam Singh School, Sangrur. At that time, appellant Jagdev Singh armed with Ghapwala Khunda, Kewal Krishan son of Amar Nath armed with Gandasa, Satnam Singh son of Kesar Singh armed with Soti, all residents of Toorwanjara, came towards Saran Dass. Kewal Krishan raised a lalkara that they would teach a lesson to Saran Dass for making a complaint against him regarding embezzlement of Panchayat funds. At that time, appellant Jagdev Singh gave a blow with his ghapwala khunda in the right leg of Saran Dass, as a result of which he fell down. Satnam Singh gave a dang blow in the legs of Saran Dass, Kewal Krishan gave a gandasi blow on the shank of his right leg. Appellant Jagdev Singh gave another blow with his ghapwala khunda in the right leg of Saran Dass and also in the left arm from the sharp side of his ghapwala khunda. The appellant also gave two more blows in left arm of Saran Dass with his ghapwala khunda. Kewal Krishan and Satnam Singh gave a number of blows with their respective weapons. Brij Bhushan and Seema, children of Saran Dass raised a noise, upon which all the accused fled away from the spot. The complainant took care of Saran Dass and got him admitted at Civil Hospital, Sangrur.