TOTI MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Toti Masih son of Shafi Masih is in appeal aggrieved against the judgment of conviction and order of sentence dated 14.05.2008 passed by the learned Additional Sessions Judge, Gurdaspur, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- for an offence punishable under Section 304 Part I IPC. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for a period of two months.

(2.) The prosecution case was set in motion on the statement of Avtar Singh, uncle of the deceased Sukhdev Singh made to SI Harbhajan Singh, who has reached Civil Hospital, Gurdaspur on receipt of written information regarding admission of Sukhdev Singh, on 26.09.2004. In his statement (Ex.PG), Avtar Singh stated that he, his brother Dalbir Singh and his elder brother Surjit Singh have got installed a common tube-well in their fields. On 25.09.2005, he along with his nephew Sukhdev Singh son of Dalbir Singh was going towards their tube-well. Sukhdev Singh was going ahead of him. At about 8.00 pm, when they reached at Thati chowk, Toti Masih and his son Bagga Masih were standing there. Toti Masih said to his nephew Sukhdev Singh as to why he has got conducted an excise raid upon them regarding liquor. Upon which, Sukhdev Singh denied having facilitated any raid and said that he is mis-informed. Amarjit Singh, Member Panchayat, whose house is situated near the chowk came out on hearing noises. Toti Masih said to Sukhdev Singh that he shall be taught a lesson for giving information. After saying this, Toti Masih grappled his nephew Sukhdev Singh from backside and in the meantime, Bagga Masih gave a straight dagger blow to Sukhdev Singh in his left flank in his presence and in the presence of Amarjit Singh. Sukhdev Singh suffered injuries and fell down. He and Amarjit Singh raised hue and cry as a result of which both the accused fled away from the spot along with dagger. After arranging vehicle, he and Amarjit Singh removed Sukhdev Singh to Civil Hospital, Gurdaspur for treatment, where he died. He further stated that he and Amarjit Singh have seen the occurrence in the light of electric bulbs, which were glowing outside the shops. On the basis of such statement, ruqa was sent by SI Harbhajan Singh for registration of FIR. On receipt of ruqa, FIR Ex.PG/2 was lodged at about 1.30 am.

(3.) After completing inquest proceedings, SI Harbhajan Singh sent the dead body of Sukhdev Singh for post-mortem examination through HC Baldev Raj and Constable Kewal Kumar. He, thereafter, visited the spot at Village Ghot Pokhar and prepared rough site plan Ex.PC with correct marginal notes. After post-mortem examination, HC Baldev Raj handed over clothes of the deceased to SI Harbhajan Singh, which were taken into possession vide memo Ex.PH. On 28.09.2004, the investigations were taken over by SI/SHO Sakattar Singh. Toti Masih and Balkar Masih @ Bagga Masih were arrested on 01.10.2004 by SI/SHO Sakattar Singh. During interrogation on 02.10.2004, Balkar Masih @ Bagga suffered a disclosure statement Ex.PK and in pursuance of such statement, he got recovered a blood stained knife (chhura) (Ex.P-1) from the disclosed place.