STATE OF PUNJAB Vs. KEWAL KRISHAN

JUDGEMENT

(1.) This State appeal is against Judgment dated 09-06-1992 of Sessions Judge, Sangrur, acquitting Kewal Krishan, Surinder Pal, Jagdev Singh and Ram Krishan alias Totar of charges under sections 302 and 307 read with section 34 of the Indian Penal Code pertaining to F.I.R. No. 155 dated 20-12-1988 of Police Station Lehra, District Sangrur.

(2.) Kewal Krishan 18 years Surinder Pal 25 years. Both sons of Chanan Singh Jagdev Singh s/o Kartar Singh aged 30 years and Ram Karan alias Totar s/o Jangir Chand, aged 20 years, all residents of Lehragaga, now respondents before this court, were prosecuted before the trial Court for the prosecution case that on 20-12-1988, at about 5.00 p.m. Pawan Kumar alias Pawni, since deceased had gone to bazaar to make some purchases. Om Parkash likewise was also going towards same bazaar and on the way he also noticed Sat Pal going to the same direction. They walked together and as they reached near English liquor vend, they noticed Pavan Kumar being surrounded by these respondents. Kewal Krishan alias Kewal was armed with handle of hand pump. Surinder Pal alias Chhinder was armed with gandasa. Ram Totru also armed with gandasa while their companion Jagdev Singh alias Jagga was armed with hockey stick and in their view Ram Totru gave a gandasa blow on the right side. of the head of Pavan Kumar followed by another gandasa blow by Chhinder on the left side of the head. Kewaii gave blow with the handle near the right eye of Pawan Kumar. In order to save himself. Pavan Kumar ran towards the shop. All the four assailants followed him in the shop where Ram Totru gave a gandasa blow on his fore-head and Pawan Kumar fell down. Thereafter, Chhinder gave two gandasa blow to Pawan Kumar but in order to ward them off he stretched his right hand and received injuries on his fingers. Chhinder gave two Further gandasa blows hitting on the right thigh. Jagdev Singh alias Jagga continued exhorting his co-assailants that Pawan Kumar be not left alive. Om Parkash and Sat Pal continued raising alarm. These assailants then decamped alongwith their weapons. It was about 5.30 p.m. then. In the meanwhile, Rajinder Kumar also reached there. He placed Pawan Kumar on a hand cart and removed him to the Civil Hospital, Lehragaga, Pawan Kumar was caused injuries because of some dispute with respondent accused persons over distribution of gambling money. Dr. Parveen Goyal examined Pawan Kumar and also sent intimation (ruqa) Exhibit' PB regarding arrival of Pawan Kumar in injured condition. In view of his serious condition. He also referred immediately Pawan Kumar to Civil Hospital, Sangrur, whereafter the injured was removed to Rajindera Hospital. Patiala. for treatment. On receipt of intimation Exhibit PB. Amarjeet Singh, Assistant Sub Inspector, reached the hospital and moved an application to know the condition of Pawan Kumar to make statement but he was informed by the doctor that he had already been referred to Civil Hospital, Sangrur. PW Om Parkash met Amarjeet Singh. Assistant sub Inspector, near the gate of the hospital and made statement Exhibit - PM regarding the occurrence which was further endorsed to the police station on the basis of which formal First information Report Exhibit PM/1 was recorded by Balwant Singh Sub Inspector, then station House Officer of the police station and registered a case under section 307/34 of the Indian Penal Code against the respondents. Amar Jeet Singh, Assistant Sub Inspector, then visited the place of occurrence and lifted blood stained earth therefrom in a sealed parcel in the presence of Om Parkash and Ajit Singh. Head Constable, and also prepared rough site plan . Exhibit PU of the place of occurrence as well as recorded the statement of Sat Pal, eye-witness, at that place. Next day, he came to Rajendera Hospital, Patiala, and obtained the opinion of the doctor regarding the condition of Pawan Kumar but the doctor declared Pawan Kumar to be unfit to make a statement. He recorded the statement of Rajinder Kumar_ brother of Pawan Kumar injured. In the hospital at Patiala. The accused were arrested on 27-12-1988. They were interrogated in the presence of Subhash Mittal and Ajit Singh. Head Constable. During interrogation. Chinder respondent-accused made disclosure statement Exhibit PV and got recovered gandasa Exhibit P-I. from the specified place in ah abandoned brick-kiln as disclosed in the statement. It was taken into possession after its sketch was prepared and made into a sealed parcel. On interrogation of Ram Totru he also suffered disclosure statement Exhibit - PW on that date and got recovered gandasa. Exhibit P-2, from the specified place as disclosed in the statement from underneath the heap of parali (stalks of paddy) in an abandoned brick-kiln near Bus Stand Lehra, which too was taken into possession after preparing sketch of its blade. On interrogation of Kewaii, he suffered disclosure statement Exhibit PX and got recovered handle of hand pump. Exhibit P-3 which was also taken into possession in a sealed parcel vide memo Exhibit PX/2 after preparing its sketch. The case property in sealed cover was deposited with Moharrir Head Constable Joginder Singh for its onward transmission to the chemical Examiner. Amar Jeet Singh, Assistant Sub Inspector approached the doctors with applications on different dates to record the statement of Pawan Kumar but he was declared unfit to make statement and it was only on 16-01-1989 when he moved application. Exhibit PF. on. which vide endorsement Exhibit,PF/ 1 he was declared fit to make statement. He-then recorded his statement under section 161-of the code of criminal Procedure. On 07-02-1989. Pawan Kumar sentenced to the infusion in Hospital, Patiala, Amar Jeet Singh, Assistant, Sub Inspector on receipt of this information, came to the hospital and prepared inquest report Exhibit P2 on his dead body and sought its post mortem examination. The case was also converted to murder punishable under section 302 of the Indian Penal Code thereafter. The clothes of the deceased were also taken into possession at the time of Post-mortem examination. After the completion of the investigation, these respondents were sent up for trial.

(3.) At the trial, the prosecution mainly relied upon the evidence of two eve- witnesses namely. PW-8 Sat Parkash Pal and PW9 Om Parkash besides medical evidence through Dr. Parveen Goval. PW1. who medico-legally examined Pawan Kumar immediately after the occurrence. as well as Dr. O.P. Aggarwal. PW7, who performed post mortem examination on his dead body and evidence of formal witnesses which was tendered through affidavits which were admitted in evidence without formal proof by the respondents. The plea of the respondents before the trial Court was of total dental. However. it was claimed that Pawan Kumar was fully cured and discharged from the hospital on 30-01-1989 and thereafter something happened and he was again taken to Rajinder Hospital. Patiala. on 06-02-1989 and on the next date he died. In defence. Kewal Krishan produced copy of First information Report. Exhibit DW1/A. Chhinder respondent tendered in evidence certified copy of judgment Exhibit DZ. Jagdev Singh alias jagga did not produce any evidence in defence and Ram Totru tendered in his defence evidence school transfer certificate and copy of First information Report Exhibits DXX and DYY respectively.