STATE OF PUNJAB Vs. BAKSHISH SINGH & OTHERS

JUDGEMENT

(1.) The State has preferred the present appeal aggrieved by the conviction recorded for the offence under Section 304 Part II IPC as against accused Bakshish Singh, the 1st respondent herein and under Section 304 Part II read with Section 149 IPC as against accused who have been arrayed as respondents No.2 to 9, instead of the offence under Section 302 IPC and the acquittal of Suba Singh, the 10th respondent herein.

(2.) The case in brief of the prosecution is that PW5 Mohan Singh was earlier Granthi of the Guru Granth Sahib in Dera Alipur Mandal. As there was a proposal to appoint Nasib Singh as Granthi in Dera Alipur Mandal, some agreement between PW5 and Gram Panchayat, Alipur Mandal was struck. As per the settlement, Nasib Singh was appointed as Granthi in Dera Alipur Mandal. PW5 proceeded to village Alipur Mandal to enquire about the appointment of Nasib Singh as Granthi. PW5 demanded a sum of Rs. 50,000/- as per the settlement already arrived at from the Sarpanch. But the Sarpanch went away saying that he would come with some other persons. On 15.2.1996 at about 4.30 p.m., all the accused armed with dangs and gandasi came to the Dera forming unlawful assembly and inflicted injuries on Jaswant Singh (since deceased), PW5 Mohan Singh, PW6 Mulkha Singh, PW7 Sikander Singh and PW8 Sukhdarshan Singh. Accused Bakshish Singh gave dang blow on the forehead of Jaswant Singh (since deceased). Accused Suba Singh also delivered dang blow on the shoulder of Jaswant Singh (since deceased). Accused Dharam Singh who died during the course of trial also gave dang blow on the shoulder of Jaswant Singh. Jaswant Singh died due to the injuries. All the other injured persons were taken to Civil Hospital, Rajpura for treatment. Mohan Singh suffered statement Ex.PY the next day. A case was registered based on his statement. PW2 Dr. I.C.Taneja medico-legally examined PW5 Mohan Singh, PW6 Mulkha Singh, PW7 Sikander Singh and PW8 Sukhdarshan Singh and issued medico-legal reports. PW1 Dr. S.M.Virdi conducted post mortem examination on the dead body of Jaswant Singh on 17.2.1996. He found brownish bruise 4cm x 3cm on the right side forehead. There was a diffused swelling measuring 6cm x 4cm on the right upper part of the face and right side forehead. He also found diffused swelling measuring 5cm x 5cm on the left side of the upper part of the face and left side forehead of the deceased. On opening of the scalp, he found that there was fracture of right frontal parietal bone. There was a fracture on the right parietal bone. There was also a huge haematoma on the left frontal parietal region. He opined that the deceased had died due to cardio-pulmonary arrest on account of injury to the vital organ, namely, brain. The injuries were ante mortem in nature and sufficient to cause death in the ordinary course of life. Probable time elapsed between the injury and the death was about 24 hours and death and post mortem was within 24 hours, he has further opined.

(3.) The investigating official having completed the investigation laid final report as against the accused.