STATE OF PUNJAB Vs. KULWINDER SINGH

JUDGEMENT

(1.) By this judgment we dispose of Crl. Appeal No. 401-DBA of 1991 filed by the State of Punjab and CrI. Appeal No. 134- SB of 1989 titled Kulwinder Singh etc. v. State of Punjab and both the appeals have arisen from the judgment and order dated 4th March 1989 passed by the Court of learned Sessions Judge. Jalandhar who convicted Shri Kuhyinder Singh under Section 304, Part-II, I.P.C. and Sarvshri Davinder Singh and Sampuran Singh under Section 304. Part-11 read with section 34 of the Indian Penal Code. He further convicted Shri Kulwinder Singh under Section 325 read with Section 34 I.P.C. and under section 323 with the aid of Section 34 of the Indian Penal code. Shri Sampuran Singh was convicted under section 325/323 I.P.C. and Shri Davinder Singh was also convicted under Section 325 read with Section 34 of the Indian Penal Code and he was also substantively convicted under section 323 of the Indian Penal Code. Kulwinder singh was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,000/-. In default of payment of fine he was directed to undergo R.I. for six months. Kulwinder Singh was further sentenced R.I. for 6 months and to pay a fine of Rs. 200/-. In default of payment of fine to further undergo R.I. for a period of 3 months under Section 325/34 I.P.C. He was sentenced to R.I. for a period of I month under Section 323 I.P.C.. Shri Sampuran Singh was awarded R.I. for 7 years and a fine of Rs. 1,000/- under Section 304 Part-II read with Section 34 of the Indian Penal Code. In default of payment of fine he was further directed to undergo R.I. for a period 'of six months. He was further sentenced to undergo R.I. for a period of one scar and a fine of Rs. 500/- under Section 325 I.P.C. In default of payment of fine, he was directed to further undergo R.I. for a period of three months. This Sampuran Singh as further directed to undergo R.I. for one month under Section 323 I.P.C. Similarly. Shri Davinder Singh was sentenced to undergo R.I. for a period of 7 years and a fine of Rs. 1,000/- under Section 304 Part 11 read with Section 34 of the Indian Penal code. In Default of payment of fine he was directed to undergo R.I. for a period of six months. He was further sentenced to undergo R.I. for a period of six months and to pay a fine of Rs. 200/- under Section 325 read with Section 34 of the Indian Penal Code. In default of payment of fine he was directed to undergo R.I. for a period of three months. The trial court also sentenced said Shri Davinder Singh to undergo R.I. for a period of one month under Section 323 of the Indian Penal Code with the directions that all the substantive sentences awarded to Sarvshri Kuiwinder Singh Sampuran Singh and Davinder Singh shall run concurrent.

(2.) The story of the prosecution in the trial Court was unfolded by Shri Jaskaran Singh PW-5 and he stated that Sampuran Singh accused at the time of the marriage of his daughter Jasbir Kaur had borrowed a sum of Rs. 5,000/- from Shri Sansar singh deceased who demanded the money back. On this account, Sampuran singh and his co-accused Kulwinder singh and Davinder Singh, who are the sons of Sampuran Singh became annoyed. On 13.2.1988 Jaskaran Singh PW-5 and Sansar Singh deceased had gone to the village shop in order to make some sundry purchases. At about 8.00 p.m. they found that the shop was locked and they returned to the house. At some distance from their respective houses they found all the three accused standing in the street. At that time Kulwinder Singh was carrying a Dang Sampuran Singh accused raised a lalkara that lesson be taught to Shri Sansar Singh for making a demand for the return of the money. Upon this Kuhvinder Singly accused gave a Dang blow hitting on the top of the head of Sansar Singh and the occurrence was witnessed by Jaskaran Singh PW-5 who raised raula. On hearing the raula his brothers Karamjit Singh Mohinder Singh came at the spot. Davinder Singh and Sampuran Singh accused started hurling brick-bats and the brick-bats thrown by Shri Davinder Singh hit Sansar Singh above his left ear. Davinder Singh threw other brick-bats hitting Karamjit Singh and Jaskaran Singh. Sampuran Singh also threw the brick-bats. Sansar Singh on receipt of injuries fell on the ground. Thereafter Kulwinder Singh accused gave a Dang blow on his right upper arm. The occurrence was witnessed by the afore said two witnesses. After causing injuries the accused ran away from the place of occurrence along with the weapon of offence. Sansar Singh and Karamjit Singh were then taken to Civil Hospital. Adampur in a Tampo Karamjit Singh was admitted in the hospital while Shri Sansar Singh was referred to the Civil Hospital. Jalandhar as the doctor opined that his condition was serious Shri Sansar Singh however died in the hospital at 2.00 a.m. Police was informed about the arrival of the injured in the hospital as a result of which the statement Exhibit PN of Shri Jaskaran Singh PW was recorded. It was read over and explained to him who signed the same in token of its correctness. The Thanedar made endorsement under the statement and it was sent to Police Station Adampur for registration of case under Sections 302/323/34 of the Indian Penal Code on the basis of which formal F.I.R. No. 16 dated 14.2.1998 Exhibit PN/2 was registered. Special report of this case reached the Ilaga Magistrate at 1.30 p.m. on the same day. A.S.I. Gian Singh took over the investigation of this case. He made an application Ex. PF before the doctor in order to ascertain the opinion that Shri Karamjit Singh injured was fit to made a statement or not. Vide opinion Ex. PF/1 it was certified by the doctor that he was unfit to make the statement. As Shri Karamjit Singh was not fit to make a statement, therefore, he recorded the statement of Shri Jaskaran Singh. The Thanedar prepared the inquest report Ex. PL on the dead-body of Shri Sansar Singh in the presence of Jaskaran Singh. He also recorded the statements of Sarvshri Mahinder Singh, Maha Singh and Jaskaran Singh in the inquest proceedings. He prepared the inquest report Ex. PM of Shri Sansar Singh. He sent a ruqa to, the doctor Ex. PK for post mortem and the dead-body of Shri Sansar Singh, was sent to the mortuary for post mortem examination. He also visited the place of the occurrence and prepared the rough site plan Ex. PR with correct margins in the presence of the PWs. He took into possession a piece of brick-bat vide recovery memo Ex. PS Accused Kulwinder Singh was arrested and he was interrogated about the weapon of offence on 21.2.1988 by Shri Gian Singh A.S.I. in the presence of Shri Naunihal Singh and constable Gurpal Singh and on interrogation, this accused disclosed that he had kept concealed a Dang in his house in which Turi was kept and he could get the same recovered. Thereafter he led the police party and witnesses to the specific place of concealment and got recovered the Dang which was taken into possession vide recovery Memo Ex. PT/l. The Thanedar also prepared the rough site plan Ex. PT/2 of the place of the recovery. On return to the Police Station he handed over the Dane to the Moharrar Head Constable for its safe custody.

(3.) After the post mortem examination the clothes of the deceased were produced before the Investigating Officer who made a sealed parcel of the same. It was sent to the officer to the Chemical Examiner who gave report Ex. PU and found that these articles were stained with blood and the Serologist vide his report Ex. PV declared that it was human blood.