BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant along with his brother co-accused Balbir Singh (who has since been acquitted by the trial Court and is, therefore, being referred to hereinafter, as non appellant) was tried for committing an offence under Section 302 of the Indian Penal Code, by causing the death of Zora Singh at about 11.00 p.m. on August 25, 1990, in the area of village Dhurkot. The learned Trial Judge vide judgment dated October 28, 1991, held the appellant guilty under Section 302 of the Indian Penal Code and, on even date, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default to further undergo rigorous imprisonment for six months. Being aggrieved against the said judgment, the appellant has assailed the same by preferring this appeal.

(2.) The prosecution case is that on August 25, 1990 at about 11.00 p.m. Harpal Kaur, her husband Zora Singh (deceased) were present its their house at village Dhurkot along with P.W Sukhdev Singh. The appellant was playing tape recorder in his house at a very loud pitch. Zora Singh (deceased) asked the appellant that he should bring down the pitch at which the tape recorder was being played by him, but he did not do so. On the contrary, he came out of his house and started abusing the deceased. The latter also came out of his house and Asked the appellant not to abuse him. Balbir Singh (non appellant) also followed the latter. Thereafter Balbir Singh Caught hold of Zora Singh while Buta Singh gave him gandasa blow on his head. On receipt of the gandasa blow, Zora Singh fell down. Harpal Kaur and Sukhdev Singh put Zora Singh on a cot. The appellant carried his gandasa and accompanied by Balbir Singh, left for their house. Due to fear of the appellant and Iris companion, the complainant did not take Zora Singh to the Civil Hospital, Nihalsinghwala on that night. On the next morning i.e. on August 26, 1990, he was taken to Civil Hospital, Nihalsinghwala at a. distance of 1 1/2 miles by Harpal Kaur and Sukhdev Singh. At Civil Hospital, Nihalsinghwala, Zora Singh was referred to Medical College, Faridkot as his condition was precarious. Accordingly, he was brought to Faridkot. Dr. J.S. Dalal medically examined Zora Singh at 10.00 A.M. The patient was unconscious. His eyes were. closed. Pupils were dilated on both the sides. There was a horizontal incised wound 5 x 2 cm on the right side of the bead of the deceased. .The nature of the injury was kept under observation subject toxray report and surgeons opinion; The probable duration of the injury was about 12 hours. A copy of the medico-legal report Exhibit PG/I was sent to the Police Section, Kotwali, Faridkot. Zora Singh died in the, Hospital at Faridkot at noon time. Message was transmitted by the Police Station, Kotwali Faridkot to Police Station Nihalsinghwala. ASI Balbir Singh of the latter police station came to the Medical College Hospital, Faridkot and recorded the statement Exhibit PF of Harpal Kaur at 10.00 P.M. on August 26, 1990. He put his endorsement Ex. PF/1, and on its basis formal FIR Exhibit PF 12, was registered in which the appellant and his companion were denounced as the culprits.

(3.) Post-mortem examination on the dead body of Zorn Singh was conducted. by P.W 1 Dr. K.K. Aggarwal on 27.8.1990 at 12.45 P.M. and he found an incised wound 5 x 1 cm on the right side of the head of the deceased. He opined that the injury was ante-mortem in nature the cause was intracranial haemorrhage due to the head injury which was sufficient to cause death in the ordinary course of nature. According to the doctor, the time that elapsed between the injury and death was within 24 hours and between death and post-mortem was within 24 to 36 hours. In order to substantiate the chat he against the appellant and the non appellant, the prosecution, besides getting recorded the statements of the doctors who conducted the medical examination and, later on, the allotropy of Zora Singh, examined the complainant, P.W 3 Harpal Kaur widow of the deceased and the latter's nephew P.W 4 Sukhdev Singh both of whom are the witnesses to the ocular account. Investigating Officer, ASI Balbir Singh stepped into witness box as P.W 6. On the conclusion of the prosecution evidence, the statements of the appellant and the non appellant were recorded under Section 313 of the Criminal Procedure Code by the learned trial Judge. The appellant denied the prosecution allegations and pleaded innocence. According to him the deceased had suffered injuries at the hands offence unknown persons. He was called upon to enter on his defence but he did not produce any evidence. The learned Trial Judge, on scrutiny of the prosecution evidence, came to the conclusion that the presence of P.W 4 Sukhdev Singh at the time of occurrence is doubtful and in the circumstances gave the benefit of doubt to Balbir Singh (non appellant) and acquitted him of the charge under Section 302/34 of the Indian Penal Code.