RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALL the five appellants have been sentenced to life imprisonment and a fine of Rs. 5,000/each under Sections 302/149, I. P. C. , by the Additional Sessions Judge, Sangrur, for the murder of Nishawar Singh. Besides, this, they have also been convicted and sentenced to one year's rigorous imprisonment under Section 148, I. P. C. what has been alleged and found established against them is as follows.

(2.) ON September 7, 1986, at about 3. 30/4 p. m. Sukhdev Singh, electrician, P. W. 10 came to rectify an electric fault on a pole near the residence of Nishawar Singh, deceased, located in his fields in the area of village Talwandi Malik. As Sukhdev Singh went up the pole, Lachhman Singh appellant who was sitting near the transformer, switched on the electric current. At that time Ram Singh appellant was also sitting in his fields close by. As a result of the electric shock, Sukhdev Singh, P. W. , fell on the ground. Chhinder Kaur (P. W. 6), wife of Nishwar Singh, who was present in the courtyard of her house, having seen Sukhdev Singh falling down, raised an alarm that the electrician had died. Thereupon, Avtar Singh, P. W. 7, a brother-in-law of Nishwar Singh deceased, who too was present in the house, along with the latter and Chhinder Kaur, bodily lifted Sukhdev Singh into the courtyard of the house and thereafter he was taken by Nishawar Singh on his tractor to Samana.

(3.) SOMETIME nearabout 6. 30 p. m. the same day, Chhinder Kaur, noticed Ram Singh and Lachhman Singh appellants armed with Gandasas and the remaining three, with Selas, passing by the side of their Dera (residential accommodation) while declaring that they would see Nishawar Singh for his taking Sukhdev Singh electrician (P. W. 10) to Samana. Thereupon Chhinder Kaur accompanied by Avtar Singh followed them towards the side wherefrom Nishawar Singh was to come. Soon thereafter they saw Nishawar Singh coming on the tractor on the drain bridge within the area of village Kahangarh. The appellants then encircled Nishawar Singh who alighted from his tractor. Then Ram Singh appellant gave six Gandasa blows to Nishawar Singh on his head, eye brow, jaw, chest, thigh and ear. Similarly, Lachhman Singh appellant gave Gandasa blows on the head, back of neck, right forearm, right knee and right ankle of Nishawar Singh. As he fell down, the other accused also gave more injuries to him with their respective weapons. Thereafter they made themselves scarce. As Chhinder Kaur and Avtar Singh P. Ws. went near Nishawar Singh, they found him dead. They remained sitting near the dead body right through the night and did not move from there, as per their stand, on account of fear. At about 4 a. m. Dalip Singh, P. W. 9, of village Talwandi Malik came to the spot. Leaving him there, Chhinder Kaur and Avtar Singh went to Police Station, Samana, District Patiala, to lodge the report. There she made her statement, Exhibit PE, which was recorded in DDR at No, 37. Later it was found that the occurrence had, as a matter of fact, taken place within the area of Police Station, Dirba, District Sangrur. Thereupon the Samana Police sent a message to Police Station, Dirba, who in turn informed ASI Chanan Singh (P. W. 11) in-charge, Police Post, Sular about it as it was closer to the place of occurrence. The A. S. I. along with the police force, came to the spot and there recorded the statement, Exhibit PM, of Chhinder Kaur, P. W. 6. He sent it with his endorsement Exhibit PM/1, to Police Station, Dirba, for the registration of a case and on the basis of the same, F. I. R. No. 120, dated 8th September, 1986 (Exhibit PM/2) was recorded at 12. 45 p. m. Special report in this regard reached the Ilaqa Magistrate, Sunam, at a distance of about 15/16 miles, by 4. 40 p. m.