GURDEV SINGH AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by Gurdev Singh aged 28 years, Baldev Singh aged 19 years and Ghamdur Singh aged between 14 and 15 years, who have been convicted by learned Sessions Judge, Bhatinda, under Section 302 read with Section 34, Indian Penal Code, for causing the death of Mara Singh alias Maru, and have been sentenced to undergo imprisonment for the . Ghamdur Singh, in view of his age, has teen ordered instead of undergoing his sentence to be retained in the Reformatory School till such time as he attains the age of 18 years as provided in Rule 3 of the rules framed under Section 8(3)(b) of the Reformatory Schools Act, 1897. Gurdev Singh and Baldev Singh are brothers while Ghamdur Singh is the son of Sant Singh, brother of the other two accused.

(2.) THE prosecution case is that the houses of Mara Singh deceased and his brother Niranjan Singh P. W. adjoin each other in village Dhinger and have a joint deorhi. On the 26th September, 1961, at about sunset time Niranjan Singh and Dalip Kaur, wife of Mara Singh deceased, were present in their houses. 1 hey heard alarm from the side of the deorhi and came out of the deorhi and saw Baldev Singh as accused armed with a khunaa and Mara Singh deceased armed with a dang abusing each other in front of the deorhi The deceased as well as Baldev Singh were under influence of liquor at that tune. Niranjan Singh and Dalip Kaur asked them not to abuse each other. Just then Gurdev Singh and Ghamdur Singh accused came there from the side of the house of Ghamdur Singh accused, which is at a distance of about 16 karams from that place. Both Gurdev Singh and Ghamdur Singh were armed with barchhas. Gurdev Singh gave a barchha blow on the left thigh of Mara Singh, who then fell down on the ground. Ghamdur Singh then gave a barchha blow to Mara Singh while the latter was lying on the ground on his back. Mara Singh then started rolling on the ground whereupon Baldev Singh accused gave two khunda blows to the deceased on his elbow and right leg. The three accused then ran away. Niranjan Singh then went and informed Bhag Singh gun licensee and Pritam Singh Sarpanch about the occurrence. The aforesaid two persons then came with Niranjan Singh to the spot but by the time of their arrival Mara Singh had died. Niranjan Singh accompanied by Bhag Singh and Pritam Singh then went in a folly to Police Station Mansa at a distance of 14 miles from the place of occurrence and lodged report (Exhibit P. A.) at 12 -15 a.m. Assistant Sub -Inspector Inder Singh, who recorded the first information report, then came with Niranjan Singh and his companions to the place of occurrence and arrived there at 4 a.m. The Assistant Sub -Inspector then took into possession blood stained earth from the place of occurrence and made it into a sealed parcel. He also prepared the inquest report. The three accused were produced before the Assistant Sub -Inspector on the 28th September, 1961, at 10 a.m. and were immediately put under arrest. Ghamdur Singh then stated that his barchha was lying in his house and he could produce the same. Thereafter Ghamdur Singh produced bloodstained barchha (Exhibit P. 2) from underneath the charpoy from his house. It was made into a sealed parcel, Gurdev Singh and Baldev Singh accused then stated that they bad kept their barchha and khunda respectively in their houses. Gurdev Singh thereafter produced barchha (Exhibit P. 3) from a heap of fodder inside his house. It was bloodstained and was made into a sealed parcel. Baldev Singh produced khunda (Exhibit P. 1) from the verandah of his house.

(3.) AT the trial, Niranjan Singh (P. W. 2) and Dalip Kaur (P. W. 3) gave eye -witness account of the occurrence and supported the prosecution case. Pritam Singh (P. W. 5) and Bhag Singh (P. W. 6) deposed about their having been told about the occurrence by Niranjan Singh P. W.