SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal No. 707-SB of 1997 preferred by Sukhdev Singh, Sandeep Singh, Ramesh Singh sons of Ravi Singh and Lal Ji @ Tarlok Singh son of Inder Singh; Criminal Appeal No. 757-SB of 1997 preferred by Ramji Son of Bahadar Singh against the judgment and order dated 13.8.1997 convicting the accused-Appellants under Section 304 read with 149 IPC and sentencing them to undergo RI for seven years and to pay a fine of Rs. 2000/-each; Criminal Appeal No. 101-SB of 1998 preferred by the State against the judgment and order dated 13.8.1997 acquitting the accused for an offence under Section 302 of the Indian Penal Code (for short the 'Code'), thus challenging the conviction of the accused recorded under Section 304 Part II of the Code and Criminal Revision No. 1228 of 1997 preferred by Darshan Lal-complainant for conviction of the accused for an offence under Sections 302, 452 and 149 of the Code.

(2.) The prosecution case was set in motion on the basis of the statement (Exh. PJ) of Darshan Lal son of Jagdish Mittar recorded by Ram Parkash, Inspector, Police Station, Mukerian at about 2.00 A.M on 22.7.1995. He stated therein that at about 9.00 P.M on 21.7.1995, his brother Som Raj, deceased has gone up-stairs of his house while the complainant-Darshan Lal was sitting in the compound of the house along with his mother-Asha Devi. At that time, accused-Sukhdev Singh armed with Ghotna; accused-Sandeep Singh armed with chain of the motor-cycle; accused, Ramesh Singh armed with an iron pipe along with Lali @ Tarlok Singh armed with Dang came from the roof dragging and beating Som Raj and alleging that Som Raj had thrown piece of stones in their house. The four accused gave severe beatings to Som Raj with their respective weapons. The mother of the complainant rushed towards her son but the accused-Sandeep Singh caught hold of her from her long hair and then pushed her away. The complainant-Darshan Lal also requested the accused not to beat his brother but he was threatened by the accused. On alarm being raised by the complainant and his mother, many people gathered there. Accused Sandeep Singh and Sukhdev Singh then caught hold of Som Raj from his arms and took him to the flour mill (Atta Chakki) of Tara Singh, Sarpanch of the village, while the other two accused accompanied him. The accused then tore off the cloths from the person of Som Raj. Som Raj in nude form rushed into the house of Bansi Lal, which was situated nearby, in order to save himself. He bolted the door from inside the house but the accused started pushing the door, in order to break the door. One Nardeep Singh, Member Panchayat also came to the spot. Som Raj was persuaded by him to come out but again the aforesaid four accused caught hold of Som Raj and started giving beatings to him. Som Raj fell down on the ground. Accused Ramji, who was SPO, came to the spot and started giving kick blows with his shoes to Som Raj on his head, chest and his neck. He also pressed the neck of Som Raj with the full force of his body, as a result of which, Som Raj became unconscious. All the five accused lifted the Som Raj and threw him in front of the house of his mother in unconscious condition and fled away from the spot. The complainant along with his neighbour, Rattan Chand and PW Tikka Singh brought Som Raj to the Civil Hospital in Mukerian in a truck but Som Raj later succumbed to his injuries. Som Raj was medico-legally examined by Dr. V.P. Singh at 11.15 P.M. on 21.7.1995 (Exh. PB) and the following injuries were found on his person:

(3.) Reddish abrasion 1.5 cm x 1/2 cm on the left side of middle of nose 2 cm below the root of the nose. Bleeding from both the nostrils were present.