HOSHIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgement/order dated 3.4.1997 of the Sessions Judge, Jalandhar whereby he convicted appellants Hoshiar Singh, Lakha Singh and Gurdip Singh under Sections 302/34 I.P.C. and sentenced them to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default, to further undergo RI for three months.

(2.) THE case of the prosecution is unfolded by the statement Ex.PA of Joginder Singh (deceased) made to ASI Pritam Singh at Civil Hospital, Nakodar on 26.3.1995 at 6 p.m. Joginder Singh stated that he is a resident of Village Raipur Arayian. His farm house is situated near the Bandh of the river. He does agricultural work. On 24.3.1995, he along with his mother Piaro Bai went to Sidhwan Bet in connection with some personal work. In the evening when they were coming back at 6 p.m., near the Dera of Amar Singh son of Gian Singh, they saw accused Hoshiar Singh son of Ballu Singh, Lakha Singh son of Ballu Singh and Gurdip Singh son of Balwant Singh son of Ballu Singh, all caste Rai Sikhs residents of Village Raipur standing on the Bandh of the river. The accused came forward and stopped his cycle. Joinder Singh alighted from his cycle and so did his mother. Hoshiar Singh who had a Parna (piece of cloth) in his hand, put it around the neck of the complainant. Lakha Singh and Gurdip Singh started giving fist blows on the face of Joinder Singh as a result of which he sustained a number of injuries on his face, nose and around his eyes. Joginder Singh along with his mother raised an alarm. Amar Singh son of Gian Singh came to the spot, on seeing him, all the three accused ran away. Complainant's father Jagtar Singh had also reached the spot. A vehicle was arranged and complainant Joginder Singh was taken to Civil Hospital, Mehatpur. From there, complainant was referred to Civil Hospital, Nakodar. The cause of grudge was that a dispute regarding one Killa of land was pending in the local courts, between the accused and complainant Joginder Singh. Dr. Ranjit Kumar (PW-6) sent M.L.R. after examining Joginder Singh on 25.3.1995 to Police Station Mehatpur. ASI Pritam Singh (PW-10) reached the Civil Hospital, Mehatpur and got the opinion of the doctor as to whether Joginder Singh was fit to make a statement. The doctor vide his report Ex.PG/1, declared Joginder Singh unfit to make statement. On 26.3.1995 ASI Pritam Singh again went to the Civil Hospital, Mehatpur where Dr. Ranjit Kumar (PW-6) gave a report in writing that Joginder Singh had been referred to Civil Hospital, Nakodar. ASI Pritam Singh then went to Civil Hospital Nakodar, where he took the opinion of Dr. Ashok Nanda (PW-2) who declared Joginder Singh to be fit to make a statement.

(3.) THE prosecution to prove its case, bought into the witness-box PW-1 ASI Harbhajan Singh, PW-2 Dr. Ashok Nanda, PW-3 Dr. A.S. Saini, PW-4 Amarjit Singh Patwari, PW-5 Gurmel Singh, PW-6 Dr. Ranjit Kumar, PW-7 Jagtar Singh, PW-8 Piaro Bai, PW-9 SI Harjit Singh and PW-10 ASI Pritam Singh.