MANWINDER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Criminal Appeal No.D-603-DB of 2005 filed by appellants-Manwinder Singh, Nahar Singh, Labh Singh and Gulab Singh and Criminal Appeal No.D-695-DB of 2005 filed by appellant- Darshan Singh as they arise out of the same judgment and order dated 23.8.2005 passed by the learned Sessions Judge, Sangrur whereby the respective appellants in the two appeals have been convicted for the offences punishable under Sections 148, 302 read with Section 149 of the Indian Penal Code ('IPC' for short) and have been sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for three months each for the offence under Section 148 IPC. They have also been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for six months each for the offence under Section 302 read with Section 149 IPC for causing the murder of Amrik Singh. All the substantive sentences have been ordered to run concurrently. The prosecution version in brief is that FIR No.55 dated 30.3.2000 was registered on the statement (Ex.PW9/A) of Surjit Singh alias Guddu son of Mohinder Singh made before ASI Gurmail Singh. He stated that he is resident of Village Ubhyan and does agricultural work. They are four brothers. On 29.3.2000, he and his younger brother Amrik Singh had gone to Village Kohrian to see cultural fare. They became late on account of listening of songs. They both were going back to their Village Ubhyan on foot after seeing the fare via road. When they reached on the bridge of minor canal, their father Mohinder Singh met them and told that they have enmity and they should have come back in time. He and his father Mohinder Singh were going ahead and his brother Amrik Singh was coming behind them. The complainant and his brother had taken liquor at Kohrian after seeing the fare. When they were at a distance of 7/8 killas from the bridge of minor canal towards Ubhyan in the area of Village Kohrian at about 6.30 p.m., a vehicle coming from behind stopped near his brother Amrik Singh, who was about 15/20 Karams behind them. He and his father turned behind and saw that the vehicle was of Manwinder Singh son of Jaswant Singh Jat of their village, who was driving the same. He had his licensed .12 bore double barrel gun. Darshan Singh son of Harjit Singh Jat of their village armed with 'Khapra', Nahar Singh son of Ram Singh Jat resident of Kalwanoo armed with 'Ghop', Labh Singh son of Prem Singh armed with 'Khapra' and Gulab Singh brother of Labh Singh armed with 'Kirpan' were in that vehicle. They came down from the vehicle and Manwinder Singh raised a 'Lalkara' that on that day they should not be escaped, teach them a lesson for taking the land. In the meantime, Nahar Singh gave 'Ghop' blow from the sharp edged side on the neck behind the left ear of Amrik Singh. His brother Amrik Singh raised a 'Raula' 'MartaMarta' and he fell down on the road. Then Darshan Singh gave 'Khapra' blow on the left eye of his brother Amrik Singh and Gulab Singh gave a 'Kirpan' blow on the right ear of his brother and Labh Singh gave a 'Khapra' blow on the forehead of his brother while Amrik Singh was lying on the road. They raised 'Raula' 'Na Maro, Na-Maro' but all these accused persons were continuously giving injuries on the person of his brother and told that they would also be seen. Due to fear, he and his father ran away towards the fields. After the incident, they had taken Amrik Singh to Civil Hospital, Kohrian after arranging a vehicle for treatment where Doctor gave first aid to his brother and had referred him to Sangrur. They admitted Amrik Singh in Civil Hospital, Sangrur after bringing him in a vehicle, where he was under treatment. The grudge was that uncle of their father , namely, Bishan Singh had no child. Due to which, a dispute of his 24 Killas land was pending. Therefore, the accused had given injuries to his brother Amrik Singh with an intention to kill him.

(2.) On receiving a wireless QST from SHO, Dirba, regarding injured Amrik Singh son of Mohinder Singh, who was admitted in Civil Hospital, Sangrur, ASI Gurmail Singh along Constable Karnail Singh, Constable Ram Paul Singh after reaching in Kotwali, Sangrur, received medical report of Amrik Singh from MHC for initiating proceedings. They joined HC Nazar Singh in the Police party, who had come to the Court of JMIC, Sangrur for evidence. After reaching Civil Hospital, Sangrur, ASI Gurmail Singh along with his officials obtained the opinion of the doctor regarding recording of statement of injured Amrik Singh. The doctor declared Amrik Singh unfit to give statement and handed over MLR No.46/PK/2k of Amrik Singh to ASI Gurmail Singh. In the MLR, the doctor had mentioned total seven injuries inflicted to the injured, out of which injuries No.1, 2, 3 and 7 were stated to be inflicted with blunt weapon and injuries No.4, 5 and 6 were stated to be inflicted with sharp edged weapon. All the injuries were kept for X-ray observation, where, Surjit Singh alias Guddu, brother of injured Amrik Singh got recorded his above statement. ASI Gurmail made his endorsement (Ex.PW10/A) and he sent the statement to the Police Station for registration of case. On the basis of above statement, FIR No.55 dated 30.3.2000 (Ex.PW10/B) was registered for the offences punishable under Sections 307, 324, 323, 148 and 149 IPC. ASI Gurmail Singh along with the complainant and his co-officials went to the spot for investigation and lifted blood stained earth by preparing a parcel which was taken in Police possession vide memo (Ex.PW9/B). He prepared the rough site plan (Ex.PW10/C). He again moved an application on 2.4.2000 (Ex.PW10/D) but Amrik Singh was declared unfit to make the statement by the Doctor vide his endorsement (Ex.PW10/E). An application (Ex.PW10/F) was again made on 4.4.2004, but Amrik Singh was again declared unfit to make statement vide Endorsement (Ex.PW10/G). Accused Darshan Singh (appellant in Criminal Appeal No.D- 695-DB of 2005) was arrested on 8.4.2004 vide memo of grounds of arrest (Ex.PW10/J) and a black bicycle make Hero was recovered in pursuance of the disclosure statement (Ex.PW10/K) made by him which was taken in possession vide memo (Ex.PW10/L). On receiving information regarding death of Amrik Singh on 24.4.2000, ASI Gurmail Singh, Police Post, Kohrian, District Sangrur, reached Civil Hospital, Sangrur and prepared inquest report (Ex.PW10/N) under Section 174 Cr.P.C. . He recorded the statements of the witnesses. On the death of Amrik Singh, offence under Section 302 IPC was added.

(3.) On completion of investigation, challan was presented only against appellant-Darshan Singh and appellants Manwinder Singh, Nahar Singh, Labh Singh and Gulab Singh (appellants in Criminal Appeal No.D- 603 of 2005) were kept in column No.2 of the report submitted under Section 173 Cr.P.C. After presentation of challan, the trial Court finding prima facie charge against accused-Darshan Singh framed charge under Section 302 IPC. Thereafter, one of the eye witnesses, was examined, the learned Additional P.P. moved an application under Section 319 Cr.P.C. for summoning accused-Manwinder Singh, Nahar Singh, Labh Singh and Gulab Singh to face trial under Section 302 read with Section 149 IPC. The same was allowed vide order dated 2.1.2002 and charge was again framed against all the accused under Sections 148 and 302 read with Section 149 IPC to which the accused pleaded not guilty and claimed trial.