PALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order dated 11.10.2002 passed by Sh. Chanan Singh, the then learned Additional Sessions Judge, Ferozepur whereby accused appellant namely Palwinder Singh has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - in default of payment of fine, to further undergo RI for six months while acquitting the co -accused namely Sahib Singh alias Ladi, Balkar Singh and Jaswinder Singh alias Bhola Singh.

(2.) PUT shortly, the case of the prosecution which is based on the statement (Ex. P -11) of the complainant, Jagtar Singh recorded on 24.10.1998 at about 10 a.m. is that he (complainant) had been residing in a house constructed in his fields at village Chhian Pari and carried on his business as an agriculturist. On 23.10.1998 in the evening, complainant's son Jagjit Singh went to his fields situated across the canal to irrigate 'barseen' crop but did not reach back home uptill about 8 p.m. Upon this, complainant, Jagtar Singh went to see his son Jagjit Singh in the fields and noticed that his son Jagjit Singh came to the canal along the passage leading to his house. In the meanwhile, co -accused Bhola and Balkar Singh also reached there on their International Tractor and an altercation took place with his son Jagjit Singh on which he also reached the spot. Thereafter, co -accused Balkar Singh raised a lalkara that said Jagjit Singh be caught hold of and be taught a lesson for protesting for nothing on which, co -accused Balkar Singh and Bhola (Jaswinder Singh) caught hold of Jagjit Singh while accused appellant Palwinder Singh inflicted a 'GANDASI' blow which hit Jagjit Singh in his head. Co -accused Ladi (Sahib Singh) also gave a 'DANG' blow which hit in the back of said Jagjit Singh. Then, complainant raised an alarm 'na maro -na maro' which attracted Mukhtiar Singh son of Narain Singh and his son Kashmir Singh to the spot whereupon all the accused fled away along with their weapons on the tractor. Thereafter, complainant and Amrik Singh son of Mukhtiar Singh took his injured son Jagjit Singh to Civil Hospital Makhu where he was medically attended by Dr. Sanjeet Gupta (PW -2) the motive for commission of the crime was stated to be that the accused persons had plugged the butt between the fields of the complainant and the accused and encroached upon the aforesaid area on which complainant lodged a protest with the accused. Nursing a grudge against the complainant, all the accused with premeditated mind came to the spot and caused the present occurrence.

(3.) THE investigation was conducted by ASI Tarlok Singh who seized the dead body of deceased Jagjit Singh and after filing an inquest report (Ex. P10) got an autopsy conducted thereon from doctor Gurmanjit Rai (PW -4) who furnished his post -mortem report (Ex. P8) as well as pictorial diagram (Ex. P8/A) showing the seats of injury and opined that the cause of death was "compression of brain (vital organ) as a result of head injury which was sufficient to cause death in the ordinary course of nature". The statements of witnesses were recorded, all the accused were arrested, and on the basis of the disclosure statement the recovery of 'GANDASI', the weapon of offence from the accused -appellant Palwinder Singh was also effected which was taken into police possession vide recovery memo Ex. P19. After completion of necessary investigation challan was presented.