STATE OF PUNJAB Vs. DEVINDER PAL SINGH,

JUDGEMENT

(1.) THE State has filed an appeal against the acquittal of Devinderpal Singh alias Pammi and Taranjit Singh in relation to offences under Sections 304/34 and 323/34 of the Indian Penal Code recorded by the Additional Sessions Judge, Patiala, by his judgment dated March 31, 1980. The charge against Devinderpal Singh was that on August 22, 1979, at about 3 p.m. at Patiala he had committed an offence under Section 304 of the Indian Penal Code by causing the death of Tara Singh. Taranjit Singh, the other respondent, was charged under Section 304/34 of the Indian Penal Code in relation to the same occurrance. There was a separate charge against Taranjit Singh under Section 323 of the Indian Penal Code for causing hurt to Harnam Kaur PW5 who was the wife of Tara Singh deceased. The charge against the other respondent related to the offence under Section 323/34 of the Indian Penal Code.

(2.) IT was within the precincts of a locality known as Refugee Camp near Gurdwara Dukhniwaran, Patiala that the occurrance tool place. Tara Singh in an injured condition was immediately taken to a hospital but he died on the way to it. The first information report was got recorded by Jagjit Singh PW4, a son of Tara Singh deceased, as he was an eye -witness to the occurrance. He and his father were engaged in scrap business on the Nabha road near Gurdwara Dukhniwaran. Both of the them were present at the shop when Surinder Kaur, a sister of Jagjit Singh, came to the shop and gave this information that both the respondents were opening a door in their wall so as to have access to a courtyard belonging to the deceased. Both the respondents were related as cousins and for that reason they were doing the work jointly. Both Tara Singh and Jagjit Singh by going to the spot objected to the illegal opening of the door. The respondents replied that they had a right to do so and that none could object. It is then alleged by Jagjit Singh that the both the respondents threw brickbats as a result of which the death of Tara Singh was caused and some hurts were cased to Harnam Kaur.

(3.) BESIDES jagjit Singh PW4 and Harnam Kaur, PW5, two other eye -witnesses examined are Gurinder Singh PW6, a neighbour, and Surinder Kaur PW7, a sister of jagjit Singh. The trial Court, by appraisal of the medical evidence, reached this conclusion that there being no injury on the deadbody of Tara Singh he had died a natural death and for that reason no offence was committed by the respondents.