DAYA NAND @ HANUMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by Daya Nand @ Hanuman (appellant) against the judgment and order dated 16.04.2004 passed by the learned Additional Sessions Judge, Mansa whereby he has been held guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code ("IPC"�for short) and sentenced to undergo imprisonment for life, besides, pay a fine of Rs.5000/- and in default thereof, to undergo rigorous imprisonment for six months.

(2.) THE FIR (Ex.PE/2) has been registered on the statement (Ex.PE) of Karam Singh (PW-3), who is the brother of Niranjan Singh @ Nazza (deceased). It is stated by the complainant that he is a resident of village Rajgarh Kubey. His parents had expired. They were three brothers. They had no landed property. His eldest brother Niranjan Singh @ Nazza (deceased) was living at Mansa for the last 13/14 years and was working as a labourer. The complainant-Karam Singh (PW-3) and his younger brother Jarnail Singh who was also known as 'Chirri' were working and doing labour work in their village. Niranjan Singh (deceased) brother of the complainant Karam Singh (PW-3) at that time was living in rooms of an abandoned poultry farm at village Madhewala on Thuthiawali Road, Mansa and he (Niranjan Singh) used to ply a rickshaw. Karam Singh (PW-3) was a matriculate and used to visit his brother Niranjan Singh at Mansa as he was in search of some work. In the neighbourhood of Niranjan Singh, there was an abandoned poultry farm in which Daya Nand (appellant) who is also known as Hanuman son of Siria resident of Dar, Haryana used to reside on rent with his wife namely Veena. Other poor persons also for doing labour work used to reside there. Dayanand (appellant) also used to ply a rickshaw. On the date of the incident i.e. 20.09.2002, the complainant along with Rupinder Singh (PW-4) who is also known as Roop Singh son of Atma Singh resident of Mansa Khurd had come to Mansa in search of work. In the evening, Karam Singh (PW-3) along with Roop Singh (Rupinder Singh) (PW-4) went to meet his brother Niranjan Singh where he resided. Niranjan Singh was present in his rented room. They sat down there and started talking with him. Niranjan Singh informed the complainant (PW-3) and Rupinder Singh (PW-4) that his neighbour was having a grouse against him as he suspects that he (Niranjan Singh) was bringing undesirable ladies there and for this he keeps fighting with him. Thereafter, Niranjan Singh got up from there and went out towards the fields to convenience himself. At that time it was about 6.30 p.m. in the evening that Daya Nand (appellant) carrying a 'lathi' went from behind near Niranjan Singh and started quarrelling with him. He said that earlier he used to get undesirable ladies and on that day he had called his supporters. There was a heated exchange of words between them and then Daya Nand (appellant) said that he would give him a taste for getting undesirable ladies which had ill affects on his family. Then Daya Nand (appellant) with the 'lathi' in the presence of Karam Singh (PW-3) and Rupinder Singh (PW-4) hit Niranjan Singh (deceased) on his head and while he was falling, he gave another 'lathi' blow on his head. Niranjan Singh fell with his face down on the ground. Karam Singh (PW-3) and Rupinder Singh (PW-4) raised a noise of 'na mar-na mar' ('not to hit-not to hit') and Daya Nand along with his 'lathi' ran towards the fields. They started looking after Niranjan Singh and after lifting him put him on a cot and while they were looking after him, he died at the spot. Karam Singh (PW-3) after leaving his friend Rupinder Singh (PW-4), who was married in his village in his household, with the dead body of Niranjan Singh @ Nazza, was going to the police station to lodge a report that Sub Inspector/Additional SHO Gurdeep Singh (PW-5) met them. Daya Nand (appellant) by inflicting hard blows and causing injuries with a 'lathi' to his (Karam Singh's) brother Niranjan Singh had murdered him. He got his statement (Ex.PE) recorded, which was heard by him and accepted as correct. SI/Additional SHO Gurdeep Singh (PW-5) recorded the police proceedings to the effect that he along with other police officials were in a government Gypsy, which was being driven by Constable Gurcharan Singh. They were present at the bus stand Mansa in connection with patrolling, where Karam Singh (PW-3) got his statement recorded before him, which was read over to him. He after hearing his statement admitted the same to be correct and put his signatures in English on it, which were attested by SI/Addl.SHO Gurdeep Singh (PW-5) and he made his endorsement (Ex.PE/1). From the statement (Ex.PE) an offence under Section 302 IPC was made out. The writing was sent to the police station through Constable Darshan Singh for registration of a case (FIR) against the appellant. Special report was asked to be sent to the officers and information through wireless message was asked to be given. On receipt of the writing a case FIR (Ex.PE/2) was registered by Sub Inspector Sher Singh. SI/Additional SHO Gurdeep Singh (PW-5) along with the complainant Karam Singh (PW-3) and other police officials proceeded to the spot for investigations. Rupinder Singh (PW-4) was present there and he identified the dead body of Niranjan Singh. Inquest report (Ex.PC) as regard the death of Niranjan Singh was prepared by SI/Addl.SHO Gurdeep Singh (PW-5). Constable Sikander Singh and Karam Singh, complainant (PW-3) were sent for bringing a tractor trolley. SI/Additional SHO Gurdeep Singh (PW-5) inspected the spot and prepared rough site plan Ex.PH with correct marginal notes. He lifted blood stained earth (Ex.P-2) and simple earth (Ex.P-3) from the spot and converted the same into separate parcels and sealed them with his seal bearing letters 'GS'. Specimen of the seal was prepared separately. Seal after use was handed over to Rupinder Singh (PW-4). Parcels were taken into possession vide recovery memo Ex.PF, which were attested by Rupinder Singh (PW- 4) and ASI Boota Singh. The dead body of Niranjan Singh @ Nazza was sent through HC-Sukhmander Singh and HC Bogha Singh for post mortem examination by making request Ex.PB. Next day SI/Additional SHO Gurdeep Singh (PW-5) searched for the accused and on return to police station, the case property was deposited with MHC (Malkhana Moharrir) Darshan Singh. Appellant was arrested on 23.09.2002 at bus stand Mansa. He (appellant) was standing near the 'rehri' (hand cart) and was identified by Jasdev Singh. Inspector Harpal Singh (PW-7) arrested Daya Nand accused (appellant) and on interrogation, he suffered disclosure statement that he had concealed a bamboo 'lathi' about 500 yards from his house on the southern side, where 'tahli' trees were growing on an edge and fencing was done.

(3.) DURING investigations the statements of the prosecution witnesses were recorded by SI Gurdeep Singh (PW-5). Post mortem examination of the dead of Niranjan Singh @ Nazza was conducted by Dr. Rajiv Singla, Medical Officer, Civil Hospital, Mansa (PW-1). After completion of investigation police report (challan) was filed in the Court of the learned Chief Judicial Magistrate, Mansa on 22.10.2002. The learned Chief Judicial Magistrate, Mansa, in view of the fact that offence under Section 302 IPC was made out against the accused (appellant) which was exclusively triable by the Court of Session, committed the case to the Court of the learned Additional Sessions Judge (I), Mansa for trial of accused (appellant). The learned Additional Sessions Judge, Bathinda (camp at Mansa) on 06.02.2003 charged the accused (appellant) on the allegation that on 20.09.2002 at about 6.30 p.m. in the area of Mansa, he committed the murder by intentionally causing the death of Niranjan Singh and thereby he committed the offence punishable under Section 302 IPC. It was directed that the accused (appellant) be tried by the said Court on the aforesaid charge. The accused (appellant) pleaded not guilty to the charge and claimed trial.