LAWS(P&H)-1981-2-9

SUKHVINDER SINGH Vs. STATE OF PUNJAB

Decided On February 25, 1981
SUKHVINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS judgment will, dispose of Criminal Appeals Nos. 635 and 643 of 1979, since they arise out of the same judgment and order passed by the Additional Sessions Judge, Jullundur, whereby the appellants of both the appeals were convicted under Sections 307, 326 and 324, Indian Penal Code, some with and others without the aid of Section 34, Indian Penal Code, and variously sentenced (as disclosed in the judgment under appeal ).

(2.) THE appellants are four in number. They are inter-related. Sukhvinder Singh and Gurmej Singh, aged 19 and 17. are brothers. Their nephew Balbir Singh is aged 16. Their other relation Surjit Rai alias Sita is aged 18. Except for Gurmej Singh, others were/are stated to be students. The victim of the crime was Gurdev Raj (P. W. 9 ). The prosecution case was thus: Gurdev Raj was statedly friendly with Balbir Singh and Sita appellants. About a month prior to the occurrence, Gurdev Raj got an imported under-shirt from his uncle. The same was taken over by Balbir Singh appellant for temporary wear, but he did not return it despite Gurdev Raj's repeated asking. On that account, they had quarrelled also and exchanged hot words when Gurdev Raj had lodged a protest at the house of Balbir Singh to his family members. On that account Balbir Singh was alleged to entertain a grudge, but apparently they kept being on talking terms. At about 8 P. M. on 30-8-1978, Gurdev Raj in the company of Balbir Singh and Sita appellants, who were armed with a Kirpan and a datar respectively, was out on a stroll on a road proceeding from their village Garri Baksha to village Rozha. On both sides of the road, orchards fell. One such orchard was on lease with Lal Chand (P. W. 8 ). Another such orchard was on lease with Pritam Dass and Dheru Ram P. Ws. The lessees lived in their respective orchards to look after their leased properties. At that time, the aforesaid three lessees, being Dheru Ram, Lal Chand and Pritam Dass, were casually standing on the road talking to each other. The trio of Gurdev Raj victim and Balbir Singh and Sita appellants passed by their side. Lal Chand P. W. questioned Gurdev Raj as to where were those going and he was told that they were going for an evening stroll. After about five or seven minutes, an alarm of Gurdev Raj P. W. was heard "save me save me" and those three P. Ws. went towards that side. They found near the boundary of the field of one Sadhu Singh, Gurdev Raj (P. W. 9) being confronted with the four appellants as apparently Sukhvinder Singh and Gunnel Singh armed with datar and kirpan respectively had joined Balbir Singh and Sita appellants who were already armed. Balbir Singh appellant raised an exhortation that Gurdev Raj should not be allowed to go alive and should be taught a lesson for seeking the return of the under-shirt. It is then that Gurmej Singh gave a kirpan blow on the head of Gurdev Raj, but it was received by the victim on his right hand. Similarly, Sita aimed a datar blow on the head of Gurdev Raj, but the victim raised his left hand and received the injury there. Balbir Singh gave a kirpan blow hitting on the back of the neck of the victim. He then fell down on the ground. While he was so lying, Sukhvinder Singh appellant gave two datar blows on Gurdev Raj hitting him on his head and left elbow. Pritam Dass, Dheru Ram and Lal Chand P. Ws. witnessed the occurrence. The appellants then left the place of occurrence with their respective weapons. The injured was removed to the village and then to Primary Health Centre at Kala Bakra where he was medically examined. Since the condition of the injured was serious, he was referred to Civil Hospital, Jullundur. The father of the injured, however. deputed Lal Chand P. W. to go to Police Station, Bhogpur and lodge a report. On the way, Lal Chand P. W. met Gurbachan Singh A. S. I. at Bus Stand, Bhogpur where he gave statement, Exhibit P. H. /2, a. t 1. 25 A. M. which became the basis of the first information report.

(3.) DR. Prem Parkash (P. W. 1) of the Primary Health Centre, Kala Bakra, on examination of Gurdev Raj injured at, 10 P. M. on 30th August, 1978 found the following injuries on his person: