STATE OF PUNJAB Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS is an appeal by the State of Punjab against the Judgment and order dated 29th April, 1986, passed by Shri A.D. Singh Wasu, Additional Sessions Judge, Amritsar, convicting the respondent-Balwant Singh under Section 304 Part-II I.P.C, instead of Section 302 I.P.C. and instead of sentencing him at once to suffer imprisonment thereunder, he was extended benefit of Section 4(1) of Probation of Offenders Act, 1958 and ordered to be enlarged on probation for a period of three years subject to the conditions mentioned in the order as to the sureties to be filed on the grounds mentioned therein, and further keeping him under supervision within the provisions of Section 4 sub-section (3) of the said Act.

(2.) THE facts giving rise to this appeal, stated briefly, are that the offence took place on 7.2.1985 at about 7.30 p.m. in village Sirhali Mandan within Police Station Sirhali. In this occurrence, one Mohinder Singh was murdered. At the time of the occurrence, the deceased Mohinder Singh and his brother Bhira Singh and one Chanchal Singh, P.W. were standing under a behar tree in their own mohalla and talking to each other. The accused Balwant Singh and co-accused Amrik Singh, who has since been acquitted by the learned Additional Sessions Judge, arrived at the scene of the occurrence, from the side of a pucca road raising cat calls. The deceased is stated to have objected to this behaviour of the accused who also did not relish it and took ill of it. It is alleged that Amrik Singh grappled with Mohinder Singh, deceased, and Balwant Singh, the accused, who has been convicted by the learned Additional Sessions Judge, gave a kirpan blow to the deceased Mohinder Singh. The blow landed on the left upper arm of Mohinder Singh. It is alleged that kirpan blow was given with a heavy force. A hue and cry was raised by Bhira Singh and Chanchal Singh, both P.Ws. Both the accused persons are said to have made their escape good from the place of occurrence. The deceased Mohinder Singh, who had suffered injury was taken to the civil hospital at Kairon and was accompanied by P.Ws. Bhira Singh and Chanchal Singh. Mohinder Singh succumbed to his injuries immediately after reaching the hospital.

(3.) THE prosecution at the trial examined Dr. Rajinder Singh, P.W. 1; Dr. Virinder Singh, P.W. 2; A.S.I. Chaman Lal, P.W. 3; Bhira Singh, P.W. 4; Chanchal Singh, P.W. 5; Amrik Singh, P.W. 6; Rishi Ram, Draftsman, P.W. 7; and A.S.I. Baldev Singh, P.W. 8, who prepared site plan of the place of occurrence.