STATE OF PUNJAB Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) INSIDE Civil Hospital, Gidderbaha, at 1.30 P.M. on October 6, 1987, victim Jagbir Singh reported to Head Constable. Thana Singh of Police Station, Kot Bhai of Faridkot District in Punjab State. "I do cultivation work with my parents in my village. I have no brother. My grandfather had expired. His (grandfather's) land measuring 7-1/2 killas is under dispute between him and my Tayaji (father's elder brother) Bakhtawar Singh. Proceedings under Section 145, 146 Cr.P.C. were carried out in respect of this land. The village Panchayat effected the compromise regarding this land by dividing the same into two equal shares. We, even ourselves had sown our shares, of land. Yesterday on 5.10.87 at 6.00 AM to 7.00 AM turn of water was be for both of our households and our burn was due from 6.30 A.M. Therefore, at about 6.15 AM I along with my maternal grandfather Bhag Singh went to our fields for irrigation. At 6.30 AM when we turned the flow of water then Bakhtawar Singh armed with Gandasa, his son Sohan Singh armed with Gandasa and his second son Mohan Singh armed with Dang came near us and asked as to why we ahd turned the flow of water. I told them that it was now our turn of water, Bakhtawar Singh gave a Lalkara saying that they would teach us a lesson for turning the flow of water. While saying so Bakhtawar Singh gave a Gandasa blow on my head which hit me on my left side from its sharp edged side. Sohan Singh hurled a Gandasa blow at me which hit me in the middle of my right leg. As a result of it, I fell on the ground. Then Bakhtawar Singh and his sons Sohan Singh and Mohan Singh gave blows of their weapons respectively which hit me on my left foot, back and arms etc. My Nana (maternal grandfather) Bhag Singh and I raised Raula of Bachao, Bachao (save, save). At this, the aforesaid three accused persons ran away with their respective weapons. At this time my mother Smt. Ranjit Kaur and Phuphar (father's sister's husband) Harbars Singh were coming while taking tea for us. They had witnessed the whole occurrence with their own eyes. I became unconscious at the spot after receiving many injuries. Today you have here come, I have got my statement recorded." Formal FIR No. 224 was recorded on its basis in Police Station, Kot Bhai at 3.30 p.m. on the same day viz. October 6, 1987.

(2.) ON being charged with the commission of offences under Section 307 of the Indian Penal Code, Principal accused Bakhtawar Singh, under Section 307/34 of the Indian Penal Code, Co-accused Shoan Singh and Mohan Singh under Sections 324/34 and 323/34 of the Indian Penal Code, all the three accused, pleaded 'not guilty' thereto and claimed to be tried. Vide is impugned judgment dated January 25, 1989, the learned trial Court acquitted all the three accused by giving them the benefit of doubt. Feeling aggrieved therefrom, the State of Punjab has filed Criminal Appeal No. 409-DBA of 1989 in this Court.

(3.) FOREMOST question is of inordinate and unexplained delay of 21 and half hours in losing the FIR. The occurrence is of 6.00 AM on October 5, 1987 and the FIR came to be lodged at 3.30 PM on October 6, 1987. It was held by their lordships of the Supreme Court in Thulia Kali v. State of Tamil Nadu, AIR 1973 SC 501, "Delay of 20 hours in recording the FIR when the place of occurrence is only two miles from the police station makes the FIR doubtful." In the present case the delay is more than the one in Supreme Court authority aforesaid and besides it there is the suppression by investigating agency of the earlier version of the occurrence allegedly narrated to them by Harbans Singh PW4 on the day of occurrence viz. October 5, 1987. Both these matters taken together make the FIR doubtful.