DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dalbir Singh, Adish Kumar and Gobind Singh appellant were brought to trial for the offence under Ss. 304,/34, Indian Penal Code, before the Court of Session at Ludiana. for committing the murder of Baljit Singh. The learned Additional Sessions Judge, Ludhiana, however, convicted Oalbir Singh under 5. 394, Part II, Indian Penal Code and sentenced him to 5 years rigorous imprisonment while Adish Kumar and Gobind Singh were convicted under S. 323, Indian Penal Code and sentenced to rigorous imprisonment for one year each.

(2.) The prosecution case, in brief, is that on November 7, 1981. at about 10 pm., Baljit Singh a student of Punjab Agriculture University, Ludhiana, alongwith his uncle Jaswant Singh, was going towards the University Via Ghumar Mandi, Ludhiana. When they reached near the house of Gobind Singh accused, all the three accused came across them. At that time Dalbir Singh accused was having an iron red with him whereas the other two accused were armed with daligs. Dalbir Singh abused Baljit Singh upon which the latter asked the former that he should not abuse him in the presence of his uncle. The accused got enraged and started causing injuries to Baljit Singh. Dalbir Singh allegedly caused iron rod blow on the head of Baljit Singh while the other two accused gave 2 dang blows to him on his cheek and lip. On receipt of injuries, Baljit Singh slumped on the ground. This occurrence was witnessed by Jaswant Singh. Tejvinder Singh, Rajpal Singh and Pritpal Singh. When these witnesses raised alarm, the accused bolted away with their respective weapons towards Aarti cinema. Baljit Singh was removed to Civil Hospital, Ludhiana. by Rajpal Singh, while Jaswant Singh set out for his village Mohi to inform the father of Baljit Singh. BaIJit Singh was medically examined by Dr. Balraj Singh at 11.50 p.m. and he found the following injuries on his person: 1. Lacerated wound 3.5 cm x 3/4 cm x bone deep on the anterior part of head to the right of mid line. Bleeding was present and x-ray was advised. 2. Lacerated wound 1 cm X 1/3 cm X muscle deep 00 the outer and lower part of lower right eye lid. Bleeding was present. 3. Lacerated wound 2 cm 1/2 cm X muscle deep on the right half of upper lip. Bleeding was present,

(3.) On receipt of intimation from the doctor, Assistant Sub-Inspector Rattan Singh of Police Station Division No.5, Ludhiana, went to the Civil Hospital to record the statement of Baljit Singh, where he learnt that the injured had been referred to the C.M.C. Hospital,. Ludhiana. Consequently Rattan Singh went to the C.M.C. Hospital where he met Jaswant Singh and recorded his statement, Exhibit P.J. on the basis of which formal First Information Report, Exhibit P.J./2 was recorded. Baljit Singh expired in the C.M.C. Hospital on 9.11.1981. Assistant Sub-Inspector Rattan Singh held inquest and sent the dead body to the mortuary for autopsy. Inspector Pritam Singh inspected the spot and prepared its visual plan. The accused were searched but they were not traceable. They were, however arrested on 11.11.1981 Dr. Kuldip Singh conducted autopsy on the dead body of Baljit Singh on 9.1 1.1981 at 5 p.m. and found the injures as indicated above. Death was opined to be due to extradural haemorrhage on account of injury No.1 which was sufficient to cause death in the ordinary course of nature. After necessary investigation, the accused were challaned and committed.