SUKHDEEP RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhdeep Rai and his brothers, Hardeep Rai and Kuljas Rai aggrieved by the conviction and sentence recorded against them by the Additional Sessions Judge, Gurdaspur on 7.12.1999 in a complaint filed by Mohinder Singh (PW-3) alleging them to be responsible for the murder of his brother Joginder Singh have filed the present appeal whereas Mohinder Singh complainant has filed Crl. R. No. 274 of 2000 for enhancement of sentence.

(2.) The brief facts of the case, as brought out in the complaint, are that 4- 1/2 years prior to 12.3.1994. Kuldip Rai another brother of the appellants had been murdered and the brothers suspected that Joginder Singh was the assailant. On account of the suspicion, Joginder Singh, brother of the complainant, was arrested by the police for the murder of Kuldip Rai, but as during the investigation he was found to be innocent, no challan was put in against him and he was released by the police about 15 days prior to the present occurrence. The three appellants had threatened to eliminate Joginder Singh, which matter was reported to the police but no preventive measures were taken by it against the appellants. On 12.3.1994, between 5.00 a.m. and 5.30 a.m., the complainant, along with his niece Sarbjit Kaur, was proceeding from his house to the Dera to milch the cattle. When they were 10 to 15 karams short of the Dera, they heard the calls raised by Joginder Singh saying "Bachao Bachao". In response to the calls of Joginder Singh, they hurried towards the Dera in the electric light. They saw Kuldip Rai and Kuljas Rai catching hold of Joginder Singh by his arms and two un-identified persons holding him from his legs. They also saw Sukhdeep Rai appellant putting something in his mouth and trying, to thrust the same down his throat. The witnesses also started raising an alarm which attracted Dharam Singh to the place of occurrence and when they tried to step-forward and rescue Joginder Singh, the appellants who were also armed with Kirpans hurled threats on them warning them for the similar consequences. After some time, the appellants withdrew from the place of occurrence leaving Joginder Singh lying at the spot. After this, when Mohinder Singh, Sarbjit Kaur and Dharam Singh went near Joginder Singh, they found that he has become unconscious and consequently, he was removed to the Civil Hospital, Kalanaur, where he was pronounced to be dead. The dead body of Joginder Singh was removed to Civil Hospital, Gurdaspour, where Dr. Rana Verma (PW-1) performed the post mortem examination on it. According to the doctor, the probable time that had elapsed between death and post mortem examination was 24 hours and after the receipt of the report of the Chemical Examiner about the contents of the Viscera forwarded to him, the doctor opined in the post mortem report Exhibit PA, that the death of Joginder Singh was attributable to "aluminium phosphide."

(3.) Mohinder Singh had gone to the Police Station, Kalanaur and narrated before the authorities the circumstances in which Joginder Singh had died but no case was registered against the appellants. He had written to the higher authorities i.e. the Senior Superintendent of Police, Batala, and Chief Minister of Punjab about the treatment meted out to him but to no effect. It is in these circumstances, that Mohinder Singh felt the necessity of filing a complaint Exhibit PC before the Court on 19.3.1994, in which after the recording of the preliminary evidence, the appellants were summoned to face the trial and after all of them put in their appearance in response to the summons, the case was committed to the Court of Sessions as the allegations, prima facie, disclosed the commission of an offence under Section 302 of the Indian Penal Code.