BAGH SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) BAGH Singh son of Chuhar Singh has filed Criminal Appeal No. 161 DB of 1989 against judgment dated December 6, 1988 rendered by Sessions Judge, Bhatinda vide which he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- in default thereof, to further suffer rigorous imprisonment for two months. The State of Punjab, being aggrieved against the same very judgment, qua acquittal of Darshan Singh son of Gurdial Singh, who was tried alongwith Bagh Singh with the aid of Section 34-IPC has filed Criminal Appeal No. 418 DBA of 1989. The judgment will dispose of both the appeals as common questions of facts and law are involved in these appeals.

(2.) BEFORE , however, the merits of two appeals are commented upon, it will be useful to give brief but necessary narration of facts culminating into trial of Bagh Singh and Darshan Singh resulting into conviction of the former and acquittal of the latter. The prosecution story is unfolded by Surjit Singh who in his statement dated February 20, 1987 which was recorded by Balkar Singh, S.I. SHO thus stated that he was resident of village Aklian Kalan and had five brothers. The eldest brother Malkiat Singh and his second brother Gurcharan Singh were residing separately whereas he alongwith Gurtej Singh were residing together. The other two brothers Gurjant Singh and Nachattar Singh were residing together. Whereas his other brothers were busy in agriculture he alongwith his brother Gurjant Singh only used to graze sheep. Gurjant Singh had illicit relations with one Pammi wife of appellant Bagh Singh and after getting the statement of Pammi recorded in the Court at Mansa, he had kept her with him at his house as his wife. This was not to the liking of appellant Bagh Singh and not only that he was sore over the fact that his wife had been enticed away by Gurjant Singh, he also nursed a grudge against Gurjant Singh for that reason. On the day of occurrence i.e on February 20, 1987 at about 5.30, 6-00 P. M., his brother Gurjant Singh after grazing the sheep was going to the house of Gurmail Singh son of Joginder Singh and incidentally he was following him at a close distance. When his brother Gurjant Singh reached near the house of one Ram Sarup son of Roshan Lal and Krishan Mahant appellant Bagh Singh armed with a Gandasa" and his co-accused Darshan Singh son of Gurdial Singh also armed with a "Gandasa" came from the opposite direction in the street and on seeing Gurjant Singh, both of them raised a "Lalkara" that Gurjant Singh should be taught a lesson for keeping Pammi at his house. Gurjant Singh finding himself confronted with situation which he could not resist tried to slip away but that opportunity was not provided to him by appellant Bagh Singh and his co-accused Darshan Singh. Darshan Singh took Gurjant Singh into his grip and felled him in the street. While Gurjant Singh was lying down in the street, appellant Bagh Singh gave a "Gandasa" blow from sharp side on his neck which, however, hit him on the line of his ear. Bagh Singh repeated the "Gandasa" blow again from the sharp side on the bead of Gurjant Singh, whereafter Darshan Singh released his grip and followed Bagh Singh by giving a "Gandasa" blow on the bead of Gurjant Singh. As this was not sufficient, both of them continued inflicting, "Gandasa" blows on the head of Gurjant Singh. Surjit Singh is stated to have been then raised noise which attracted Gurtej Singh, brother of Surjit Singh and one Raj Singh son of Mukand resident of the same village. Before, however, remedial steps could be taken by the three persons who were attracted to the scene of occurrence, appellant Bagh Singh and his co-accused Darshan Singh took to their heals. Surjit Singh narrated the incident to Balbior Singh Sarpanch of the village and after leaving Chowkidar Hari Singh at the spot to guard the dead body of Gurjant Singh. he alonwith Babu Ram Panch went to the Police Station where he lodged the report which, as referred to above, was recorded by Baikar Singh, S. I/SHO.

(3.) THE prosecution endeavoured to bring home the offence against appellant Bagh Singh and his co accused Darshan Singh on the basis of eye witness account given by Surjit Singh PW5 and Gurtej Singh PW6. The way and mariner in which the investigation had proceeded in the case was accounted for balkar Singh PW7.