NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence dated 14.02.2013, passed by learned Additional Sessions Judge, Fast Track Court, Ferozepur, whereby the appellant, Nachhattar Singh, was held guilty for the offence punishable under Section 307, IPC, and ordered to undergo rigorous imprisonment for seven years, besides payment of fine of Rs. 2000/- and in default of payment thereof to undergo further rigorous imprisonment for six months.

(2.) Surjit Singh (PW4) along with his son Prit Inder Pal Singh (PW5) and other members of his family was residing at village Lohgarh. The appellant, Nachhattar Singh, and his co-accused, Inderjit Singh, were residing in the same street at village Lohgarh, where the house of Pws Surjit Singh and Prit Inder Pal Singh was situate. On 24.11.1997 at about 7.30 A.M. Surjit Singh (PW4) had started from his house for going to the house of Bant Singh Sarpanch for his personal work. Nachhattar Singh (appellant) was roaming in the street in front of the house of Surjit Singh. He (Surjit Singh) enquired from Nachhattar Singh as to why he was taking rounds in front of his house. Hearing the same, Nachhattar Singh proceeded towards his shop and brought a Saila (an instrument made of wood and iron). Surjit Singh returned to his house to bring a stick. Prit Inder Pal Singh (PW5) and Rajinder Kaur wife of Surjit Singh asked as to what the matter was. Surjit Singh disclosed to them that Nachhattar Singh armed with Saila was standing at the door of their house. All of them reached at the door of their house and seeing them Nachhattar Singh proceeded with Saila towards them. Surjit Singh (PW4) and his son, Prit Inder Pal Singh (PW5), snatched Saila from Nachhattar Singh (appellant) and during scuffle Saila was broken. Both the factions started rebuking each other. On hearing the noise, Inderjit, co-accused of Nachhattar Singh, (appellant) armed with Kahi (spade) arrived at the spot by raising exhortation. PW4 and PW5 snatched Kahi from Inderjit in order to save themselves. In the meantime, several persons collected on the spot. Surjit Singh and his family members started disclosing the incident to the people. Finding an opportunity, Nachhattar Singh (appellant) went to the roof of his shop and pelted a brick which hit Prit Inder Pal Singh on his head. Resultantly, he fell unconscious. Surjit Singh arranged a vehicle and carried his son Prit Inder Pal Singh to Civil Hospital, Moga.

(3.) On 24.11.1997, Assistant Sub Inspector Sohan Singh (not examined) received information that Prit Inder Pal Singh was admitted in the Civil Hospital, Moga, in an injured condition. He went to the Police Station, City, Moga, wherefrom a copy of MLR of Prit Inder Pal Singh was collected and, thereafter, went to Civil Hospital,Moga, where Prit Inder Pal Singh was declared unfit to make statement. Since no other person was available to make statement with regard to the occurrence, therefore, he returned to the police station. On 25.11.1997, Assistant Sub Inspector Sohan Singh once again visited Civil Hospital, Moga and Prit Inder Pal Singh was declared fit to make statement and as such his statement (Ex.P15) was recorded. Assistant Sub Inspector Sohan Singh made endorsement (Ex. P15/B) beneath the statement but the FIR was not registered on the said statement since the cognizable offence was not disclosed by that time. On 26.11.1997, injury No.1 on the person of Prit Inder Pal Singh was declared dangerous to life and, therefore, finding a case for the offences punishable under Sections 307, 323 read with Section 34, IPC, FIR (Ex P19) was registered.