MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the Judgment of conviction and the order of sentence, dated 1.10.1990 passed by the learned Sessions Judge, Bhatinda whereby Major Singh accused appellant was convicted for an offence punishable under section 302 I.P.C. for causing the death of Maghar Singh and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- or in default of payment thereof, to further suffer six months RI. Ranjit Singh, Jarnail Singh and Naib Singh co-accused of Major Singh accused-appellant were acquitted of the charges framed against them. Feeling aggrieved against the above-referred orders of conviction and sentence. Major Singh accused-appellant has come up in appeal.

(2.) The brief resume of facts as per the prosecution case is thus: - Maghar Singh deceased, Teja Singh complainant and Ram Singh (injured) are real brothers. The mother of Ranjit Singh accused (since acquittal) and that of Maghar Singh (since deceased). Teja Singh P.W. 6 and Ram Singh injured were sisters. On 22.12.1987 at about 9.30 P.M., Teja Singh PW6 alongwith his two brothers, namely Maghar Singh (since deceased) and Ram Singh injured was present at his house in village Ram Nagar Bhathal when accused Ranjit Singh and his three sons Jamail Singh, Naib Singh and Major Singh appellant, all armed with gandasas, came there. Ranjit Singh accused raised a Lalkara that Maghar Singh be taught a lesson for lodging a false report for the theft of bullocks against his son. Upon this, Major Singh accused-appellant opened the attack and gave a gandasa blow from its reverse side near the right ear of Maghar Singh. Jarnail Singh accused caused him an injury on the right thigh from the sharp side of gandasa. Ranjit Singh also inflicted a gandasa blow on the right knee of Maghar Singh deceased, while Naib Singh gave a blow with gandasa on the upper arm of Maghar Singh. Ram Singh injured was also given a gandasa blow on his right arm by Ranjit Singh accused. Naib Singh accused gave a gandasa blow on the back of Ram Singh. On raising an alarm by the complainant party, the accused party ran away from the spot with their respective weapons. Maghar Singh was found dead at the spot. Ram Singh injured was removed to Civil Hospital, Budhlada. Leaving Ram Dayal Chowkidar and his wife Mst Nasib Kaur at the spot with the dead body, Teja Singh P.W. 6 went to the Police Station, Boha where he lodged report Ex. P.G. to ASI Sukhdev Singh P.W. 8. Mst. Mohinder Kaur wife of Ram Singh had also seen the occurrence.

(3.) After recording the statement Ex. PG of Teja Singh P.W., ASI Sukhdev Singh P.W. 8 accompanied him to the spot where Mst. Mohinder Kaur, Mst. Nasib Kaur and Ram Dayal Chowkidar were present near the dead body of Maghar Singh. ASI Sukhdev Singh P.W. 8 prepared the inquest report Ex. PC on the dead body of Maghar Singh and sent the dead body for post mortem examination to Civil Hospital with application Ex. PB. The Assistant Sub-Inspector prepared the rough site plan Ex. P.K. and removed blood stained earth from the spot and sealed and seized the same under memo Ex. PH, attested by Teja Singh and Mohinder Singh P.Ws. ASI Sukhdev Singh also lifted the turban and pair of shoes from the spot and took the same in possession including the lantern Ex.P.5. The statement of Ram Singh was also recorded after his admission in the hospital.