BALJINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baldev Singh has been convicted for offence under Sec. 302 of the Indian Penal Code by Shri B. Rai, Sessions Judge, Ferozepur and sentenced to undergo rigorous imprisonment for life and required to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. Baljinder Singh and Kulwant Singh, the other two appellants, have been convicted for offence under Sec. 302 with the aid of Sec. 34 of the Indian Penal Code and have been awarded a similar sentence. Kulwant Singh has been convicted for offence under Sec. 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year and also required to pay a fine of Rs. 1,000.00 and default of payment of fine to further undergo rigorous imprisonment for a period of six months. Baldev Singh and Baljinder Singh, the other two appellants, have been convicted for offence under Sec. 324 with the aid of Sec. 34 of the Indian Penal Code and a similar sentence has been awarded. Aggrieved against it, the present appeal has been attempted.

(2.) Briefly the story of the prosecution is that at about 8.00/8.30 A.M. on 14.6.1990 at the residential premises of Dara Singh his own Sadu (wifes sisters husband) Sarwan Singh was also there and they were conversing. Baljinder Singh armed with a kirpan, Baldev Singh armed with agandasa and Kulwant Singh also armed with a gandasa along with Gurdeep Kaur came there. Out of them Baldev Singh and Kulwant Singh raised a lalkara and started abusing and challenged them to come out. Immediately thereafter, Baljinder Singh gave a kirpan blow to Dara Singh who received injury on his left hand in an attempt to save himself. Baldev Singh gave a gandasa blow on the right collar bone of Dara Singh. When Sarwan Singh-complainant raised a lalkara, Kulwant Singh gave a gandasa blow on the head of aforesaid Sarwan Singh. Gurdeep Kaur the co-accused continued exhorting that they should not be spared. Thereafter, Dara Singh was dragged by the accused towards the premises of Baljinder Singh and the accused continued causing him injuries. This occurrence was seen by Manjit Kaur wife of Dara Singh as well. Dara Singh succumbed to the injuries in the street near Gurudwara. The cause of dispute was that a view days earlier the accused had given pushes at the door of house of the complainant and when they were challenged, they had gone back and when it was brought to the notice of Dara Singh, a protest was made by aforesaid Dara Singh to Sarup Singh (father of Baljinder Singh). Sarwan Singh did not proceed for lodging a report in the night and started in the early hours on the following morning and near a turning towards village Mallanwala, he met Shri Hardev Singh, Assistant Sub Inspector of Police Station Makhu, who recorded his statement at 5.30 A.M. and dispatched it to the police station where a formal First Information Report was registered at 5 45 A.M. on 15.6.1990 and a special report reached the Ilaqa Magistrate, Moga at 11.00 A.M. The distance between the place of occurrence and the Police Station, Makhu was three miles. Shri Hardev Singh, Assistant Sub Inspector, sent Sarwan Singh - Complainant, who had injury for medical examination and treatment. On reaching the site of occurrence, the dead body of Dara Singh was found in the four wall of the premises of Sarup Singh. The inquest report on the dead body of Dara Singh was prepared which is Exhibit PB and the dead body was dispatched for the purpose of postmortem examination. The blood stained earth was taken into possession from the place of occurrence. Baljinder Singh, one of the accused (now appellant) himself had received injuries in the occurrence and he was in the hospital. A guard was deputed to supervise his presence. The accused were not traceable for several days and ultimately, all of them were arrested on 24.6.1990. A blood stained kirpan was recovered at the instance of Baljinder Sihgh on 24.6.1990. Gandasas were also recovered at the instance of Baldev Singh and Kulwant Singh.

(3.) PW-1 Dr. Suresh Kumar Sharma, Medical Officer of Civil Hospital, Zira conducted the postmortem examination on the dead body of Dara Singh son of Shingara Singh, aged 50, on 15.6.1990 and the injuries found on his person were as under:-