PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PURAN Singh, son of Kartar Singh of village Joga, has been convicted by Shri R. L. Anand, Sessions Judge, Bhatinda under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and also required to pay a fine of Rs. 1,000/- and in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year. Aggrieved against it the present appeal has been attempted.

(2.) BRIEFLY the story of the prosecution is that at about 9.00 p.m., Puran Singh was in a drunken condition in front of the house of the complainant Gurdial Singh. Gurjant Singh and Nant Singh, the two brothers, were standing outside their house, prevented Puran Singh to keep himself under control and not to make a noise. Puran Singh grappled with Gurjant Singh and took away the turban of aforesaid Gurjant Singh. A little later, Gurjant Singh along with his two brothers Gurdial Singh and Bant Singh proceeded to the house of Puran Singh for making remonstrance and for collecting his turban back. Puran Singh came out of his house and gave a lathi blow on the head of Gurjant Singh and as a consequence of this injury, Gurjant Singh fell on the ground and became unconscious. Gurdial Singh and Bant Singh witnesses raised an alarm 'Marta Marta' upon which, the accused ran away and thereafter, the (Gurdial Singh and Bant Singh) carried their brother Gurjant Singh to Civil Hospital, Joga where he was found unconscious by Dr. R. K. Garg (PW-5), who was the In- charge of the Primary Health Centre, Joga. He sent an intimation to the Station House Officer of Police Station, Joga at 9.30 p.m. and after giving first aid, he advised that the injured be taken to the Civil Hospital, Mansa. The injured was then brought to the Civil Hospital, Mansa. Shri Surjit Singh, Assistant Sub-Inspector of Police Station, Joga, reached the Civil Dispensary, Joga and recorded the statement of Gurdial Singh-brother as well as the eye witness at 10.45 p.m. on 3.2.1991 and on the aforesaid statement, the case was originally registered under Section 308 of the Indian Penal Code and thereafter, it was converted into one under Section 302 of the Indian Penal Code because Gurjant Singh died at 8.15 a.m. on 4.2.1991. The post-mortem was conducted by Dr. H. S. Sandhu (PW-4). Puran Singh-accused was arrested on 8.2.1991 and as a consequence of his disclosure statement, the turban Exhibit P-1 of the deceased was recovered vide memo Exhibit PK and the lathi Exhibit P-2 was also recovered at his instance the same day vide memo Exhibit PL.

(3.) PW -1 is Gurdial Singh, the complainant as well as the eye witness, whose statement was recorded by Surjit Singh, Assistant Sub Inspector at Civil Hospital, Joga.