GAHLI ALIAS GURDIAL SINGH Vs. STATE OR PUNJAB

JUDGEMENT

(1.) GURDIAL Singh alias Gahli - alongwith his wife Smt. Gopalo was brought to trial for the murder of Kashmira Singh, before the Court of Session at Amritsar. The learned Additional Sessions Judge. Amritsar, by his judgment dated August 30. 1983 acquitted Smt Gopalo, but held the appellant guilty on the substantive charge of murder under Section 302, Indian Penal Code and sentenced him to life imprisonment and a fine of Rs. 2000/-.

(2.) IT is alleged that in front of the residential house of Gurdial Singh accused and Kashmira, Singh deceased. there was a common land, out of which a passage was carved The accused built a small wall on that passage with the intention to grab the same. It also caused obstruction to the complainant party's passage over it (common land). It appears that the relations betwixt the two branches of the family were obviously strained. The prosecution story goes that on the fateful day i.e. on March 6. 1983, at about 10 a.m., Kashmira Singh demolished a portion of that wall. At about 5 p.m. Kashmira Singh came out of his house and found Gurdial Singh accused, armed with a Kahi and his co-accused Smt Gopalo, empty handed standing near the site of the demolished wall. Smt. Gopalo is stated to have exhorted his co-accused Gurdial Singh to teach Kashmira Singh a lesson for demolishing the wall. Gurdial Singh thereupon gave a Kahi blow on the head or Kashmira Singh, from its reverses side, as a result of which the latter fell down and became unconscious. This occurrence was witnessed by Smt. Pasho, wife and Pargat Singh son of the deceased. When these witnesses raised commotion, then the accused bolted away. Kashmira Singh was removed to the Civil Dispensary, Khem Karan where no Medical Officer was available. Jodha Ram, Dispenser, who was then present in the Dispensary, advised the witnesses to take him to the S.G.T.B. Hospital, Amritsar Kashmira Singh was admitted in the S.G.T.B. Hospital at about 10. 10 p.m. but on the following morning at about 6.20 a.m., he breathed his last. On receipt of intimation from the doctor, Assistant Sub inspector Satya Pal ment to the hospital and recorded the statement, Exhibit P K of Smt. Pasho which formed the basis of the formal First information Report, P.K/2, recorded at 5.30 p.m. on 7-3-83. Assistant Sub Inspector Satya Pal held inquest and sent the dead body to the mortuary for autopsy. Thereafter, he went to the spot and prepared its visual Plan, Exhibit P.N./2 and also recovered bloodstained earth from there The accused were arrested on March 8, 1983.

(3.) THE ocular account of the occurrence is that of the widow of the deceased, Smt Pasho, P.W. 5 and his son Pargat Singh, R W. 6. In a long and rambling cross-examination of these two witnesses nothing worth the name seems to have been elicited to belie their forthright and consistent testimony. Assistant Sub-Inspector Satya Pal, P W. 17. is the only Investigating Officer in the case. In his statement under Section 313 Criminal Procedure Code, Gurdial Singh appellant admitted the fact that he alongwith his wife Smt. Gopalo was living in the neighbourhood of Kashmira Singh deceased, but denied the rest of the prosecution allegations against him. However, no defence evidence was adduced on his behalf.