STATE OF PUNJAB Vs. KAMALJIT SINGH

JUDGEMENT

(1.) This judgment shall dispose of Crl.A. No. 493-DBA of 1992. State of Punjab v. Kamaljii Singh and Crl. Revision No. 750 of 1992. Devinder Pal v. Kamajir Singh and another, as both the cases are against the judgment dated 8.7.1992, passed by the learned Additional Sessions Judge. Patiala acquitting accused respondent Kamaljit Singh of the charges under Section 302 and 307 I.P.C.. framed against him.

(2.) Facts of the case in brief are that on 17.5.1989. Devinderpal Singh complainant made statement Ex. PH before S.I. Harinderjit Singh. S.H.O. P.S. Sadai. Patiala, near the Late of Punjabi University, Patiala. In the said statement it was alleged by Devinderpal Singh complainant that he was working as a Foundry Engineer in Goetz Factory, Bahadurgarh Patiala for the last six years and that his father Gurcharan Singh deceased was also, working in the said factor for the last 30-32 years and presently he was working as a Manager of Time and Labour Office. It was alleged that in the said foundry the workers used to perform their duties in shifts. It was alleged that on that day i.e. 17.5.1989. his shift timings were from 6.30 a.m. to 3 p.m. It was further alleged that at about 10.30 a.m. when he was working in the plant at that time his Incharge Udain Goshal. PW was also present in the plant. It was alleged that in the meantime accused Kamaljit Singh Sent also an employee of the said factory, while wearing a gatra kirpan around his neck, came there and told Udain Goshal, PW that he would teach him a lesson for getting him (Kamaljit Singh accused) charge sheeted. It was alleged that immediately thereupon accused Kamaljit Singh took out his Kirpan from the Gatra and thrust the same of the right side of abdomen of Udain Goshal- PW It was alleged that on receipt of the said thrust blow, he (Udain Goshal) raised an alarm bachao bachao and on hearing his alarm Harjot Singh, PW another Foundry Engineer, B.V. Raju. Deputy Manager Foundry and he (Devinderpal Singh complainant) rushed towards Udain Goshal- PW. It was alleged that on raising the alarm by them, accused Kamaljit Singh ran from the spot and they all three followed him. It was alleged that when his (Devinderpal Singh's) father, Gurcharan Singh, deceased came out from the time office on hearing the raula accused Kamaljit Singh gave a kirpan blow on the back of his father (Gurcharan Singh) who ran towards the foundry and on reaching there he fell down. It was alleged that Sucha Singh, deceaked. Senior Personnel Manager was also standing near his father Gurcharan Singh. It was alleged that when they were raising an alarm accused Kamaljit Singh gave a kirpan blow on the chest of Sucha Singh deceased as a result of which he (Sucha Singh), also fell down. It was alleged that thereafter, he (Devinderpal Singh) alongwith Harbans singh and Rajinder Sharma took Gurcharan Singh Sucha Singh and Udain Goshal in injured condition to Rajindera Hospital Patiala. It was alleged that Sucha Singh and his father Gurcharan Singh succumbed to their injuries in the said hospital while Udain Goshal, PW was admitted in the emergency ward. It was alleged that after leaving Harbans Singh and Rajinder Sharma near the dead bodies of his father (Gurcharan Singh) and Sucha Singh. He (Devinderpal Singh) was returning to the factory when police met him in front of the Punjabi University and he narrated the entire occurrence to the police and police recorded his statement. It was alleged that after the occurrence accused Kamaljit Singh alongwith weapon had run away from the spot. It was further alleged that the grudge was that a few days ago, accused Kamaljit Singh had gone to the house of Udain goshal. PW and had threatened him that he would kill him. It was alleged that after this accused Kamaljit singh was charge sheeted. It was alleged that since his father (Gurcharan Singh) and Sucha Singh. deceased were from Personnel Department as such they were supporting Udain Goshal, PW and due to this reason they have been murdered by Kamaljit Singh accused. It was alleged that be (Devinderpal Singh). Harjot Singh and B.V. Raju PWs. had witnessed the entire occurrence. After recording the aforesaid statement of Devinderpal singh complainant S.I. Harinderjit Singh sent the said statement Ex. PH to the police station with his endorsement Ex.PH/1. at 1 p.m. on the basis of which formal F.I.R. Ex.PH/d was recorded in P.S. Sadar, Patiala at 11 p.m. on 17.5.1989 under Sections 302 and 307 I.P.C. Special report had reached the Judicial Magistrate at Patiala at 3 p.m. on the same day i.e. 17.5.1989. Sub Inspector Harinderjit Singh (later promoted as Inspector) vent to Rajindera Hospital, Patiala, alongwith Devinderpal Singh complainant and found that Udain Goshal. PW was not fit to make statement and had found that Gurcharan Singh and Sucha Singh, had already expired and their dead bodies were lying in the mortuan. S.I. Harinderjit Singh prepared inquest report Ex. PF and Ex. PC. in respect of Gurcharan Singh deceased and Sucha Singh deceased. He also sent the dead bodies for post mortem examination. Thereafter, S.I. Harinderjit Singh visited the factory (place of occurrence) and lifted blood stained earth from two places and took the same into possession after making it into two separate sealed parcels. Sub Inspector Harinderjit Singh prepared rough site plan and also recorded the statements of various witnesses. Accused Kamaljit Singh was produced before S.I. Harinderjit Singh by the security persons at the main gate of the factor and he was formally arrested in this case. Constable Ajit Singh had brought the medico legal examination of Udain Goshal, PW and had produced the same before S.I. Harinderjit Singh. Doctor on duty had declared Udain Goshal, unfit to make statement on the application Ex. PA moved by the police before hint on 17.5.1989. Udain Goshal. PW was not fit to make statement even on 18.5.1989 and 19.5.1989. Sub Inspector Harinderjit Singh interrogated accused Kamaljit Singh in the presence of Sub Inspector Didar Singh and constable Ajit Singh during which accused made disclosure statement, Ex. PS that he had kept gatra kirpan stained with blood and rapped in glazed paper in the bushes along side the outer wall of the factor and offered to get the same recovered. In pursuance of the said disclosure statement accused Kamaljit Singh led the police party to the disclosed place and got recovered one gatra kirpan from the disclosed place after removing the earth with his hand. The kirpar: was rapped in a glazed paper and was stained with blood. Sub Inspector Harinderjit Singh took the same into possession. vide recovery memo Ex. PW-2 after making it into sealed parcel. On 26.5.1989. doctor on duty had declared Udain Goshal fit to made statement. Thereupon SI Harinderjit Singh had recorded the statement of Udain Goshal. PW under Section 161 Cr.P.C. After the completion of the investigation challan was submitted in the court.

(3.) As referred to above, accused was charged under Section 302, 307 I.P.C. to which charges he pleaded not guilty. Prosecution in support of its case examined PW-71 Dr. O.P. Aggarwal, PW-2 Dr. Sukha Singh, PW-3 Dr. Rajinder Singh Khalsa. PW-4 Devinder Singh Sodhi Senior Personnel Manager: PW-5 Devinderpal Singh (complainant) PW-6 Udain Goshal (injured) PW-7 constable Baldev Singh PW-8 Head constable Ninnal Singh PW-9 Dr. Rajinder Pal Gupta: PW-10 SI Didar Singh PW-11 constable Mohinder Singh PW-12 Inspector Harinderjit Singh (1.0.): PW-13 Dr. Puneet Sindhwani and PW-14 Dr. Mohinder Singh, Statement of the accused under section 313 Cr.P.C. was recorded, in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He stated that the workers union in the factory at Bahadurgarh (Patiala) as abolished about 20 years back and the administration used to curb the activities of and individual who tried to revive the workers union. He stated that he became an active member for the revival of the workers union in the factory and due to his sincere efforts union was revived about 3-4 years back and he being an active participant of the workers union, became an eye sore with the higher administration of he factory and they tried to get rid of him some how or the other. He stated that on 17.5.1989 his duty was to start at 6.30 a.m. He stated that he was proceeding on his moped for the factory and when he was about 50 yards from the factory he met with an accident with a Maruti Van coming from the opposite side as a result of which he alongwith his moped fell down and he suffered injuries on the left leg and left forearm which suffered fractures. He stated that he was shifted to factory dispensary where he was given first aid and his wounds were stitched. He stated that he requested the authorities to remote him to Rajindera Hospital, Patiala, because he had suffered grievous injuries and was having acute pain in his left leg and left foreann and was unable to move. He stated that he did not attend to his duty (on that day) due to injuries. He further stated that he was falsely involved in the present case and his signatures were obtained on various papers in the police station. He stated that his duty card was fabricated subsequently by the administration of the factor in order to strengthen the case. In his defence the accused examined DW-1 Dr. J.K. Sadana.