JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagsir Singh has filed this appeal to challenge the judgment of learned Sessions Judge. Faridkot dated January 14, 1997 whereunder he was convicted under Section 302, IPC, for the murder of Bant Singh and also under Section 450, I.P.C. for entering Bant Singh's house to commit his murder. The appellant was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for two months. He was further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for one month. Both sentences had been directed to run concurrently.

(2.) On the night of October 5, 1993 at about 9 p.m. Jagsir Singh trespassed into Bant's Singh house at Kotli Ablu where Bant Singh was present along with his son Boota Singh (PW-5) and Boota Singh's wife Charanjit Kaur (PW-3). Three of them were sitting in the courtyard where a light was on. They were engaged in conversation. Jagsir Singh entered the courtyard, armed with a gandhala, and told Bant Singh that he would not be allowed to escape alive since he had abused him. Thereupon Jagsir Singh gave a gandhala blow to Bant Singh on his head and Bant Singh fell down unconscious. The occurrence was witnessed by Charanjit Kaur and Boota Singh, they both raised an alarm and Jagsir Singh escaped from the spot with his weapon. Bant Singh was removed to Civil Hospital, Muktsar where he was medically examined at 5.20 a.m. on October 6 by Dr. K. S. Sandhu (PW-1) and the following injuries were found on his head: Lacerated wound 7cm x 2 cm bone deep obliquely placed on the right side of the head, 9 cm above and front of right ear and 5 cm from the midline, clotted blood was present. Clotted blood was also present in nose and left ear.

(3.) The Medical Officer also noted that the patient was semi-conscious, pupils were equal and reacting to light. B. P. was 110/ 70 mmg and pulse was 94 per minute. The Medical Officer was contacted by ASI Amar Singh (PW-10) for recording Bant Singh's statement but the injured man was declared unfit by Dr. Sandhu at 10 a.m. on October 6. Later, Bant Singh was referred to Medical College, Faridkot at 10.20 pm. but when Boota Singh (PW-6) reached the hospital at Faridkot along with the injured Bant Singh, the hospital was found closed and the injured was then taken to Dayanand Medical College and Hospital, Ludhiana where he was admitted by Dr. Deepak Gupta (PW-2).