BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Baldev Singh, Kewal Singh and Karnail Singh have filed the present appeal against the judgment and order dated 05.08.2008 vide which they were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three years each under Section 302 read with Section 34 IPC whereas accused Sukhpal Singh and Binder Singh were acquitted.

(2.) Brief facts of the prosecution case are that FIR has been registered on the statement of Jagsir Singh @ Seera which was got recorded to Inspector Devinder Singh, SHO, Police Station Phul at about 8:30 a.m. on 21.09.2006 in which he stated that his father Jagraj Singh @ Dhanna was doing the agriculture work. From the last 7-8 years, they irrigate the land measuring 7 acres of Harmander Singh @ Chottu by taking it on contract basis. On the night of 20/21.09.2006 at about 2:00 a.m., complainant and his father Jagraj Singh had come to the land for irrigating it. At about 2:20 a.m., they started irrigating their paddy crop by taking turn of water. His father Jagraj Singh @ Dhanna laid on a cot. At about 3:15 a.m., Baldev Singh and Kewal Singh each armed with gandasa, Gian Singh armed with axe and Bhola Singh Nihang armed with sword came there and the complainant identified them in the electric light as he was knowing them earlier. Then Gian Singh inflicted two blows of his axe from its sharp edged side on the person of Jagraj Singh, one hit on the head and another on the left side of chin. Baldev Singh inflicted gandasa blow from its sharp edged side which hit on the left side of head of Jagraj Singh. Kewal Singh inflicted gandasa blow from its sharp edged side towards his father which hit on his left eye. Bhola Singh Nihang (Karnail Singh) inflicted sword blow from its sharp edged side on the calves of right leg and left leg of Jagraj Singh.

(3.) Then all the above-said accused also caused injuries with their respective weapons on the face of his father. When complainant came forward to save his father then all the four accused pounced upon him to kill him and he saved his life by running away and reached his village by hiding himself through the fields and disclosed this incident to his brother Randhir Singh and also members of the Panchayat and brotherhood. When complainant alongwith his brother, Sukhmander Singh, Sarpanch and Mehar Singh again reached the spot, they found his father dead on the cot. The motive behind the crime is that the houses of Kewal Singh and his real brother are situated in front of the shop of complainant and about a month back Baldev Singh, Kewal Singh and their brothers Nirmal Singh and Gian Singh under the influence of liquor abused complainant party which led to a fight between them and in this fight Baldev Singh and Kewal Singh suffered injuries and complainant and his brother also suffered injuries regarding which an FIR was lodged against them (complainant party). Due to this cause, the accused had attacked in order to kill the complainant and his father. After recording the statement of complainant, ruqa was sent to the police station on the basis of which FIR was registered. Thereafter, Inspector Devinder Singh alongwith complainant and other police officials reached the spot where the dead body of Jagraj Singh was lying on the cot. Investigating Officer prepared the inquest report on the dead body of Jagraj Singh. The dead body was handed over to ASI Jagdish Singh and Head Constable Jora Singh alongwith application for postmortem examination. Dr.Gobind, Medical Officer, Civil Hospital, Rampura, Phul (PW1) conducted the postmortem examination on the dead body of Jagraj Singh @ Dhanna Singh on 21.09.2006 at 3:00 p.m. and found the following injuries:-