KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal by appellants, namely, Kuldip Singh alias Giani and Hardip Singh alias Kala, both sons of Swaran Singh, is directed against the judgment dated 14-5-2004 and order dated 18-5-2004 whereby they have been convicted under S.302/323/34 of the Indian Penal Code and sentenced as follows : - Kuldip Singh, appellant No. 1

(2.) PROSECUTION story as described and established by the witnesses at the trial, is as under : - On 5-10-2000, at about 5.00 p.m., complainant - Iqbaljit Singh (PW 3) and Arvinder Singh alias Nikka (30 years) (since deceased) were irrigating their potato crop sown in the Wakf Board land which was taken by them on lease in the revenue estate of village Daulo Rayian. The possession of the aforesaid land was taken by the complainant - party from one Karamjit Singh, who was earlier a lessee of the aforesaid land of the Wakf Board. At that time, the appellants armed with dangs came at the spot, started abusing them, and also stated that how could they (complainant - party) take the possession of Wakf Board land which is situated in their village. Thereupon, the complainant and the deceased, who are residents of other village, namely, Jawalapur (Kassochahal), told that they had taken the possession of the aforesaid land after making the payment. Thereafter, appellant Hardip Singh exhorted that they (complainant - party) be taught a lesson for taking possession of the said land of the Wakf Board situated in their village. In the meanwhile, appellant Kuldip Singh gave a dang blow on the head of Arvinder Singh alias Nikka with an intention to kill him. As a result of the said dang blow on his head, Arvinder Singh became unconscious and fell - down on the ground. Then, Iqbaljit Singh, complainant stepped forward to rescue Arvinder Singh, but he too was given two dang blows on his left arm and left leg by appellant Hardip Singh. Thereafter, complainant - Iqbaljit Singh raised an alarm which attracted Rashid Mohammad, who was present at the Peer near - by the place of occurence. After the occurrence, both the accused - appellants (hereinafter referred to as "the appellants") fled away with their weapons of offence from the place of occurrence. After that, a conveyance was arranged and Arvinder Singh, injured, was removed to Civil Hospital, Kapurthala. On the way, Sukhjinder Singh, father of the complainant also met them. There, in the hospital, he was given first - aid. Then, a ruqa (Exts. PT) was sent to the Police Station, Sadar, Kapurthala from where ASI Amarjit Singh rushed to the hospital and obtained the opinion of the doctor vide an application Exts. PH, but injured Arvinder Singh was found unfit to make a statement vide opinion Exts. PH / 1. Injured Arvinder Singh was then shifted to Daya Nand Medical College and Hospital, Ludhiana, for specialized treatment. ASI Amarjit Singh (PW 16) then recorded the statement (Exts. PE) of complainant Iqbaljit Singh (PW 3), another injured, in the above narration of facts at Civil Hospital, Kapurthala. He made his endorsement Exts. PE / 3 and then sent the said statement of Iqbaljit Singh, complainant to the Police Station, Sadar, Kapurthala for registration of the case on the basis of which, formal FIR Exts. PE / 1 was recorded at 8.00 p.m. on the same day i.e., on 5-10-2000 by MHC Ravinder Singh.

(3.) ON 16-10-2000, a wire - less message was received from the New D.M.C. Ludhiana to the effect that Arvinder Singh injured had expired. Thereupon, ASI Amarjit Singh (PW 16) made an entry in that behalf in the daily dairy and added S. 302 of the Indian Penal Code. After that he alongwith Constable Bhupinder Singh and PHG Major Singh reached New D.M.C., Ludhiana. There, he prepared an inquest report Exts. PC. The dead - body was handed - over to Constable Balwant Singh for getting the post - mortem examination conducted on the same from the Civil Hospital, Kapurthala. After the post - mortem examination, the clothes of the deceased were taken into possession by the police vide recovery memo Exts. PS and the dead - body was handed - over to the kith and kins of the deceased vide receipt Exts. PR. On return to the Police Station, the case property was deposited with the MHC.