NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Barnala, dated 3rd of June, 1992 whereby Nahar Singh and Nachhatar Singh appellants were convicted under Section 302 of the Indian Penal Code for intentionally committing the murder of Mehar Singh deceased and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/ -. In default of payment of fine the defaulting convict was ordered to undergo further rigorous imprisonment for six months. Bhola Singh co -accused of the present appellant was, however, acquitted.

(2.) IN brief facts of the prosecution case as emerge from the first information report lodged by Phagan Singh son of the deceased and an eye witness in this case, are that he along with his three brothers and their father lived jointly. On 2 -1 -1991, at about 7 A.M. Phagan Singh along with his father Mehar Singh and Dev Singh father's sister's son of the first informant was going out towards the fields to answer the call of nature. Mehar Singh was going ahead of Phagan Singh and Dev Singh. As they reached in front of the house of Nachhatar Singh and Nahar Singh accused, they saw both the accused armed with Takwa and Gandasa respectively along with their sister's son Bhola Singh resident of village Kotha Guru Ke armed with Kasia, standing outside the gate of their house. Nahar Singh raised lalkara exhorting his other co -accused to take revenge from Mehar Singh who should not be allowed to go scot free. Because of danger to his life Mehar Singh tried to run back. Thereupon Nahar Singh opened the attack and gave a Takewa blow on the right side of the head of Mehar Singh from its sharp side. Thereafter Bhola Singh gave a Kasia blow from the blunt side to Mehar Singh on his right leg near the knee. Alomost simultaneously Nachhattar Singh accused gave a Gandasa blow from its reverse side hitting Mehar Singh on his right thigh just above the knee. As a result of the said injuries Mehar Singh fell on the ground, Nachhatar Singh gave a Gandasa blow from the sharp side on the front side of the head of Mehar Singh. Bhola Singh also gave a Kasia blow from the sharp side on the right side of his head. Nahar Singh then gave a Takwa blow from the blunt side hitting Mehar Singh on his left calf towards the inner aspect. Phagan Singh and Dev Singh raised alarm 'NA MARO NA MARO' hearing which all the accused ran away from the spot along with their respective weapons. Ajaib Singh Sarpanch also reached the spot. After arranging for the vehicle Mehar Singh in injured condition was removed to Civil Hospital, Barnala for treatment where the doctor declared him dead.

(3.) AFTER arrival of the dead body of Mehar Singh in the hospital ruqa Ex. PE was sent to Station House Officer, Police Station, Bahadaur who in turn deputed ASI Chubeg Singh to do the needful. The said ASI along with other police officials went to Civil Hospital Barnala and there he recorded the statement of Phagan Singh PW Ex. PF and on its basis formal F.I.R. Ex. PF/2 was subsequently registered at Police Station, Bhadaur district, Sangrur on the same evening at 3.45 PM. Special report reached the Ilaqa Magistrate at Barnala at 6 PM. On the same evening. ASI Chubeg Singh prepared inquest report Ex. PB and sent the dead body for post -mortem examination. He then went to the spot. Daya Singh, Sub Inspector, Station House Officer, also reached there and took over the investigation from ASI Chubeg Singh, lifted blood stained earth from near the spot in front of the house of Nahar Singh accused which was duly sealed and taken into possession through seizure memo. He searched for the accused who were not traceable and arrested all the accused on 7 -1 -1991 when they were produced before him by Bahar Singh Sarpanch. In pursuance to their respective disclosure statements the accused got recovered weapons of offence. After completion of the investigation all the three accused were challenged, tried and out of them Nahar Singh and Nachhatar Singh the preset appellant were convicted and sentenced whereas Bhola Singh their co -accused was acquitted by the learned trial Court as stated earlier.