JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by Jasbir Singh is directed against the judgment dated September 14, 1983, of the learned Sessions Judge, Amritsar, whereby he has convicted the appellant under section 302, Indian Penal Code, and sentenced him to undergo imprisonment for life.

(2.) The facts of the prosecution case are Surinder Singh (PW. 3) had three brothers, namely Jaswant Singh, Kulwant Singh and Lal Singh (decreased of this case). They all resided in Street No.5 of Kot Harnam Dass, Amritsar. Jasbir Singh, appellant, and his co-accused Manjit Singh (since acquitted) are sons of Dalip Singh. On May 10, 1983, at about 8 a.m. Surinder Singh (PW. 3) was present at the shop of Sukhdev Singh, Daulat Ram, both milk vendors. Surinder Singh used to purchase milk on credit. He had gone there to settle the account. Jaswant Singh, his younger brother was present there. Their another brother Lal Singh passed their side and went to a nearby shop to have his breakfast by taking puns Dalip Singh, Manjit Singh and Jasbir Singh, appellant, dame out of their shop, which is in the neighborhood of the shop of Sukhdev Singh. Jasbir Singh, was armed with a chhura; Dalip Singh had a datar; and Manjit Singh had an iron rod, which is used for measuring cloth. All of them encircled Lal Singh. Dalip Singh raised a lalkara that Lal Singh be taught a lesson for snapping the relationship. Kulwant Singh, above mentioned, had been engaged with the daughter of the sister of the wife of Dalip Singh. The relationship had snapped a few days prior to the date of marriage. Kulwant Singh had been married with another girl on May 1, 1983. Jasbir Singh gave a chhura blow on the chest of Lal Singh. Lal Singh fell down. Kulwant Singh came to the rescue of Lal Singh. Dalip Singh gave a datar blow to Kulwant Singh on the fingers of his right hand. Kulwant Singh tried to intervene. Dalip Singh gave another datar blow on his fore-head. Kulwant Singh fell down. Manjit Singh gave a blow with iron rod on the head of Kulwant Singh. On the alarm being created, the assailants ran away. Surender Singh and Kulwant Singh carried Lal Singh to the hospital, where he was admitted in the Emergency ward at 9 or 10 a.m. In the evening Kulwant Singh also started feeling pain. He Was admitted in the hospital at about 10 p.m. on that day. Pal Singh Assistant Sub-Inspector (PW. 19) reached the hospital, where Lal Singh and Kulwant Singh were admitted. He obtained the opinion of the doctor. The doctor opined that Lal Singh and Kulwant Singh were not fit to make statements. In the meantime, Surinder Singh (PW. 3) met him and made his statement. The same was sent to Police Station B Division, Amritsar, and a case under sections 307/304/323, read with the section 34, Indian Penal Code, was registered at 10 .35 a.m. on May 11, 1983. On May II, 1983, at about 6.45 p.m. Dr. Jaspal Singh (PW. 15) examined Lal Singh and found the following injuries on his person:

(3.) Abrasion 2 cm X 1 cm on the back of the lumber region (spine) in its lower proportion.