STATE OF PUNJAB Vs. MAJOR SINGH

JUDGEMENT

(1.) BY this order, we will dispose of CRA No.421 -DBA -2002 and CRR No.391 of 2002 filed by State of Punjab and Charanjit Singh complainant respectively whereby State of Punjab and complainant has challenged the judgment dated 13.7.2001 passed by learned Additional Sessions Judge, Muktsar vide which accused Major Singh was acquitted of the charges framed against him under Section 302 IPC pertaining to the murder of his real uncle Makhan Singh (father's younger brother).

(2.) THE prosecution case as unfolded from the statement (Ex.PF) of Sukhraj Singh son of Makhan Singh is that they are two brothers. The name of his brother is Charanjit Singh. They are residents of village Kotbhai (now in District Muktsar). Major Singh is son of Mithu Singh, elder brother of Makhan Singh. A day prior to the occurrence, Major Singh accused had quarreled with his uncle Makhan Singh (deceased) and had abused him. Upon this, Makhan Singh had severely reprimanded Major Singh. On 21.7.1998 at about 10.30/11.00 A.M. Sukhraj Singh complainant alongwith his brother Charanjit Singh was standing in front of shop of Dilbag Singh. His father Makhan Singh was going from his house to bus stand. When his father reached on the road turning to village Buttar Bakhua, accused Major Singh came from the side of the bus stand. Accused Major Singh was carrying a wooden arm of the cot. He abused Makhan Singh in loud voice saying that yesterday he (Makhan Singh) had insulted him (Major Singh accused). Today he (deceased) will not be allowed to go unharmed. Saying so, Major Singh gave a blow of wooden arm of cot on the head of Makhan Singh as a result of which Makhan Singh fell down. Major Singh ran away from the spot alongwith the wooden arm of cot. Sukhraj Singh and Charanjit Singh took care of their father. They found that blood is oozing out from his head. They brought their own truck and removed injured Makhan Singh to Civil Hospital, Giddarbaha. The doctor sent intimation Ex.PW5/A to the SHO P.S.Gidderbaha on 21.7.98 at about 11.15 a.m. As the condition of patient was serious the doctor referred him to Dayanand Medical College, Ludhiana. According to Sukhraj Singh, accused had caused injuries to his father with intention to kill him on account of being reprimanded on the previous day. Since Charanjit Singh had taken his father to DMC Ludhiana, Sukhraj Singh was going to Police Station, when he met ASI Jarnail Singh at Husnar Chowk, Gidderbaha, where statement Ex.PF of Sukhraj Singh was reduced into writing. The police, after making endorsement at 3.15 p.m. sent the same to police station Kotbhai for registration of FIR. The police visited the spot and prepared rough site plan Ex.PH. Blood stained earth was lifted from the spot.

(3.) THE Authorities of DMC Ludhiana sent intimation Ex.PC/1 to the police regarding the admission of injured. Medico -legal examination of Makhan Singh was conducted. On receiving intimation (Ex.PD) that Makhan Singh has succumbed to the injuries at 7.50 a.m. on 22.7.1998 in DMC Ludhiana, the police visited DMC Ludhiana and prepared the inquest report Ex.PB. Post mortem of the dead body of Makhan Singh was got conducted.