RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rajinder Singh, Baldev Singh appellants along with Inder Singh and Gurdeep Singh were charged and tried under Section 302 and S. 302 read with Section 34, Indian Penal Code, for the murder of Harjinder Singh, by learned Sessions Judge, Sangrur. He acquitted Inder Singh and Gurdeep Singh but convicted Rajinder Singh under Section 302 of the Indian Penal Code and Baldev Singh under Section 302 read with Section 34 of the Indian Penal Code. He sentenced Rajinder Singh to undergo rigorous imprisonment for life and to pay a fine of Rs. 3000.00 and in default of payment of fine to further undergo rigorous imprisonment for one year whereas Baldev Singh was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000.00 and in default of payment of fine to further undergo rigorous imprisonment for six months. Feeling aggrieved against their conviction and sentence, the appellants have come up in appeal.

(2.) In brief, the facts of the prosecution case are that on 5-7-1989 at 10.30 a.m. Nirmal Singh PW along with Harjinder Singh, deceased of this case, and Gurdev Singh PW were going to Sunam from their native village Bishanpura on their respective bicycle, when they reached near the land of Sanmukh Singh Sarpanch of village Moranwali, Inder Singh and Rajinder Singh alias Raj Singh armed with takua and gandasa respectively; Baldev Singh and Gurdeep Singh armed with a dang each came on two scooters, from the side of village Bishanpura. They parked the scooters, alighted there from and surrounded them. They ran for their lives towards the filed of Sanmukh Singh but were chased by the accused. Inder Singh gave a takua blow on the right leg of Harjinder Singh PW. Rajinder Singh accused dealt gandasa blow on right leg of Harjinder Singh PW. Baldev Singh accused dealt a dang blow on his left leg. Harjinder Singh fell down as a result of these blows. While he was lying down Gurdeep Singh dealt a dang blow on his right hand near the thumb. Other accused persons inflicted further injuries with their respective weapons using them like dang on the person of Harjinder Singh. Thereafter all the four accused persons made good their escape along with their respective weapons. After having made arrangement for conveyance Nirmal Singh and Gurdev Singh removed Harjinder Singh to Civil Hospital, Sunam.

(3.) PW1 Dr. V. K. Sobat medico legally examined Harjinder Singh at 12.15 p.m. on the same day and found following injuries on his person. 1. Incised wound 2.5 cm x 0.5 cm x bone deep on the front of right leg. 10 cm from the knee joint, fresh bleeding was present. X-ray was advised. 2. Incised wound 3 cm x 0.5 cm x bone deep on the front of right leg. 2 cm below the injury No. 1. Fresh bleeding was present. X-ray was advised. 3. Pinkish contusion 10 cm x 9 cm on the front of left leg with over lying lacerated wound 0.5 cm x 0.2 cm on the left leg. Fresh bleeding was present. Tenderness was present. X-ray was advised. 4. Lacerated wound 2 cm x 1.5 cm x bone deep on the palmer surface of right thumb in the middle. Underlying bone was coming out of the wound. X-ray was advised. 5. Pinkish contusion 8 cm x 7 cm on the back of right hand on the lateral part. X-ray was advised. 6. Complaint of pain in the abdomen on the chest and back of thorax. He opined that all the injuries were fresh and that injuries Nos. 1 and 2 were caused by sharp edged weapon whereas injuries Nos. 3 to 6 by blunt weapon.