HARDEV SINGH @ DEBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case of the prosecution / respondent is that the land of Swaran Singh, complainant, resident of village Sarli Khurd, an agriculturist by occupation, adjoins the land of Assa Singh (appellant no.4, since died), with whom he had quarrelled many a time. On 27.01.1997 at about 07:30 p.m, Swaran Singh, complainant along with his wife, his daughter-in-law and his son Dalbir Singh was present in his house located in village Sarli Khurd. At that time, his son Dalbir Singh was beating his wife and Swaran Singh, complainant and his wife dissuaded their son Dalbir Singh, as also, scolded him. On hearing the noise, Assa Singh (appellant no.4, since died), whose house is located on the back side of their house, started hurling invectives upon them. Electric bulb was blowing in the courtyard of their house at that time. Hardev Singh @ Deba (appellant no.1) armed with gandali, Sukhwinder Singh @ Sukha (appellant no.2, since died) armed with gandali, Kabal Singh (appellant no.3) armed with dang and Assa Singh (appellant no.4, since died) empty handed, emerged in the street in front of the house of the complainant and they were hurling invectives also. They asked Dalbir Singh son of the complainant to come out of his house. Thereupon, Dalbir Singh son of the complainant came out in the street. Assa Singh (appellant no.4, since died) raised a lalkara that Dalbir Singh be caught hold. Thereupon, Sukhwinder Singh @ Sukha (appellant no.2, since died) gave gandali blow on the left leg of Dalbir Singh, Hardev Singh @ Deba (appellant no.1) gave gandali blow on the lower part of knees of Dalbir Singh. Hardev Singh @ Deba (appellant no.1) gave second blow to Dalbir Singh on his head, who fell down on the ground. Kabal Singh (appellant no.3) gave dang blows to Dalbir Singh while he was lying down on he ground. Other appellants also continued beating him.

(2.) The complainant party raised an alarm of 'killed killed' and all the appellants ran away from the spot along with their respective weapons.

(3.) Mukha Singh of his village Sarli Khurd took Dalbir Singh to civil hospital, Amritsar, where he was medicolegally examined. Copy of the medicolegal report was sent to Incharge, police post Takhtu Chak, (police station Verowal) on 29.01.1997. On receipt of medico-legal report of Dalbir Singh, Jagir Singh, ASI / Incharge of (police post) Takhtu Chak, (police station Verowal) along with other police officials reached civil hospital, Amritsar. On reaching there, he moved application Ex.PE before the doctor to seek opinion as to whether Dalbir Singh, injured was fit to make statement. Doctor made endorsement Ex.PE/1 on the application Ex.PE and declared Dalbir Singh unfit to make statement. Swaran Singh, complainant met ASI supra in the hospital. His statement Ex.PD containing the facts supra was recorded by Jagir Singh, ASI. This statement Ex.PD was also read over and explained to Swaran Singh, complainant and the latter after admitting genuineness and correctness, thereof, thumb marked the same. Thereafter, Jagir Singh, ASI made his endorsement Ex.PD/1 on the statement Ex.PD and sent the same to police station Verowal, where, formal FIR Ex.PD/2 was recorded by Ajit Singh, ASI.