CHANAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted under section 302, Indian Penal Code, by the learned Sessions Judge, Sangrur, for causing the murder of his brother -Mukhtiar Singh and was sentenced to imprisonment for life.

(2.) IN brief, the prosecution case is that on 26th April, 1969, at about noon, Mukhtiar Singh was digging pit in his land, located at a short distance from the habitation of village -Khai which is about three kilometres from Police Station, Lehra. He was doing so with a view to obtain sub -soil water, which was available at the depth of 10 feet. He needed the said water for cooling the engine which was installed on a bullock cart and was to be worked for cutting wheat crop and separating the grain from the chaff. His son -Bhim Singh had accompanied him and had been helping him in digging the said pit. He had gone to a hand -pump, fixed in a field at a distance of 200 karams, for bringing drinking water and he (Bhim Singh) was returning with water in a pitcher from there at the time of incident. The appellant came to the aforesaid pit. He picked up the kassi, with which Mukhtiar Singh had dug the pit, and gave blows with it to him. He (Mukhtiar Singh) was then digging the pit with a khurpa, and he dropped there under the blows inflicted to him by the appellant with kassi. Throwing the pitcher containing water on the ground, Bhim Singh had rushed to the aforesaid pit to save his father. The appellant, however, deterred him by the show of kassi, and he (the appellant) decamped towards village -Lehlan carrying the kassi with him. Bhim Singh rushed to his house and informed his mother -Shrimati Mukhtiar Kaur and grandfather Deva Singh that the appellant had run away after causing injuries to Mukhtiar Singh, with kassi. Thereupon, Shrimati Mukhtiar Kaur, accompanied by other villagers including Deva Singh and Bhim Singh went to the aforesaid pit. Mukhtiar Singh was lying unconscious there. He was brought to the house and was carried on a cot from there to Civil Hospital, Lehra. Dr. Gian Chand Mittal sent information about his arrival in injured condition to the police station. Mukhtiar Singh however, succumbed to his injuries at 1.40 P.M, i.e., within about 15 minutes after his reaching the hospital. Shrimati Mukhtiar Kaur and others, who had brought Mukhtiar Singh to the civil hospital, carried his dead body from there to the village. Dr Gian Chand Mittal had then sent information about the death of Mukhtiar Singh in the hospital and about the removal of his dead body from there to the police station. On receipt of the said information. Sub Inspector Randhir Singh rushed to village -khai. The dead body of Mukhtiar Singh had been removed to the cremation ground and it was at about 2.30 P.M. when Sub Inspector Randhir Singh reached there and recorded the statement of Bhim Singh which was sent to Police Station, Lehra, where case under section 304, Indian Penal Code, was registered. Since the dead body had not yet been placed upon the pyre. Sub Inspector Randhir Singh held inquest on it and sent it to Civil Hospital, Sunam, for post -mortem examination and Dr. Naresh Chand conducted autopsy on it. Sub Inspector Randhir Singh went to the scene of offence and he removed blood soaked earth from there. He recorded statements of the witnesses. The appellant was not available at his house or in the village. He was arrested by Sub Inspector Gurdial Singh, who was then posted in Police Station, Rattia, at 6.30 P.M on 10th April, 1969, in front of a liquor vend at Rattia. Ten grams of opium were recovered from him at that time and, on receipt of information about the incident from the appellant, Sub Inspector Gurdial Singh sent necessary information to Police Station, Lehra, from where Assistant Sub Inspector Balwant Singh went to Police Station, Rattia, and obtained the custody of the appellant and took him to Police Station, Lehra, on 7th May, 1969. Hence, the Police Lehra, after necessary investigation, prosecuted the appellant under section 304, Indian Penal Code, and the learned Magistrate committed him to the Court of Session for standing trial for the offence of murder under section 302, Indian Penal Code.

(3.) DR . Naresh Chand (P. W. 4) conducted autopsy on the dead body of Mukhtiar Singh at 9.30 A.M. on 27th April, 1969, and found two incised wounds on the head and an incised wound on the forehead and two abrasions on the said dead body. He also found semi -digested food in the stomach. He testified that Mukhtiar Singh had died within a few hours after receipt of the injuries and that he had died due to shock and haemorrhage resulting from two incised wounds inflicted on his (Mukhtiar Singh's) head. The ocular evidence, as discussed above, tells that the appellant had given blows with kassi to Mukhtiar Singh and that he had died within a few hours after sustaining the injuries. Shrimati Mukhtiar Kaur had carried the meals to the field at about 11 A.M. and, most probably, the said meals had been taken by Mukhtiar Singh at that time He had died at 1.40 P.M. As such, semi -digested food was found in his stomach. Therefore, the medical evidence reads consistent with the other evidence, including the ocular, and, as such, it affords necessary support to the prosecution case.