BALJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by Baljit Singh, Gurwinder Singh @ Ginda and Satwinder Singh @ Satti impugning judgment of conviction dated 11.08.2011 and order of sentence dated 12.08.2011 passed by learned Additional Sessions Judge, Ludhiana. Appellant Baljit Singh has been convicted for the offences punishable under Section 302 IPC and Section 25 of the Arms Act, 1959 and sentenced to undergo life imprisonment, besides, pay a fine of Rs. 10,000/ - and in default thereof, to further undergo rigorous imprisonment for six months. He is sentenced to undergo rigorous imprisonment for one year, besides, pay a fine of Rs. 2,000/ - and in default thereof, to further undergo rigorous imprisonment for one month for offence punishable under Section 25 of the Arms Act. Gurwinder Singh @ Ginda and Satwinder Singh @ Satti are convicted for the offence punishable under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment, besides, pay a fine of Rs. 10,000/ - each and in default thereof, to further undergo rigorous imprisonment for six months.

(2.) APPELLANT No. 2 - Gurwinder Singh @ Ginda is informed to have passed away on 10.04.2014. His death certificate has been produced by the learned Additional Advocate General, Punjab. This appeal, therefore, survives qua appellants Baljit Singh and Satwinder Singh @ Satti and abates qua appellant No. 2 - Gurwinder Singh @ Ginda. Complainant Gurdev Singh, PW1 revealed in his statement Ex. PA recorded on 02.06.2006 that a fight took place between Narvinderjit Singh son of Netar Singh and Hardeep Singh (accused, acquitted by trial court) son of Lal Singh residents of village Mutteyon on which both of them were admitted in Civil Hospital, Samrala. Complainant alongwith his son Harpreet Singh @ Happy (deceased) and Mandeep Singh (deceased) son of Gurdeep Singh, Baljinder Singh son of Gurdev Singh, Avtar Singh son of Gurcharan Singh all residents of village Mutteyon proceeded to Civil Hospital, Samrala to make peace between the parties. They reached the hospital at about 11.00 p.m. and tried to make peace. Hardeep Singh at that time was admitted in Male Ward No. 2 where they had all assembled and were talking. Accused Baljit Singh, younger brother of Hardeep Singh, was sitting on the bed of his brother. Harpreet Singh @ Happy (deceased) who was Sarpanch of the village tried to make both the brothers Hardeep Singh and Baljit Singh understand but they did not come to any agreeable point. Appellants Gurwinder Singh @ Ginda, Satwinder Singh @ Satti and Deepa (found innocent during investigation) son of Paramjit Singh were also sitting there. At about 12.30 a.m. midnight, both the brothers Baljit Singh and Hardeep Singh became aggressive and argued with Harpreet Singh that he was pressurizing them alone whereas, he did not say anything to Narvinderjit Singh's party. On this Hardeep Singh pushed Harpreet Singh. In the meantime, Baljit Singh took out a Kirch from his Dub (waist/side) and inflicted a blow on the chest of Harpreet Singh @ Happy. Baljit Singh gave another Kirch blow hitting on the left flank of Harpreet Singh. When Mandeep Singh tried to intervene, accused Gurwinder Singh @ Ginda and Satwinder Singh @ Satti caught hold of him and Baljit Singh inflicted Kirch blow hitting on the left flank of Mandeep Singh. Accused Baljit Singh inflicted another Kirch blow hitting on the right arm pit of Mandeep Singh. Both Harpreet Singh @ Happy and Mandeep Singh tried to escape but they fell on the door of the ward. Complainant raised alarm upon which all the accused ran away from the spot alongwith the weapon i.e., Kirch. Injured Harpreet Singh and Mandeep Singh were taken to Emergency Ward by the complainant with the help of Baljinder Singh and Avtar Singh. They were referred to Civil Hospital, Ludhiana. Complainant alongwith Baljinder Singh and Avtar Singh transported the injured to CMC Hospital Ludhiana but on reaching the hospital both the injured were declared brought dead by the concerned doctor. Dead -bodies of Harpreet Singh and Mandeep Singh were brought back to Samrala in the same Ambulance. It is also recorded that Hardeep Singh, Baljit Singh, Gurwinder Singh @ Ginda, Satwinder Singh @ Satti and Deepa were causing hurdles in the working of the complainant's son Harpreet Singh @ Happy who was Sarpanch of the village. He had completed the construction of drains in the village and had earned a good name and fame. Accused had argued with him many a times and they had done this act due to rivalry. Ruqa (Ex. PU) was sent and formal FIR No. 102 dated 02.06.2006 (Ex. PV) was registered. Special report was received by the Judicial Magistrate First Class on 02.06.2008 at 10.00 a.m. Inquest reports (Ex. PW and Ex. PX) were prepared. Dead -bodies were sent for postmortem examination, which was conducted by a board of doctors consisting of Dr. Jaswinder Singh (PW7), Dr. Shashi Kant and Dr. Manjit Singh. Post -mortem report of Mandeep Singh is Ex. PK and that of Harpreet Singh @ Happy is Ex. PQ. As per post -mortem report Ex. PK, duly proved by PW7 Dr. Jaswinder Singh following two injuries were found on the person of Mandeep Singh: -

(3.) CAUSE of death was opined to be due to injury No. 2 leading to haemorrhage and shock. Injuries were ante -mortem in nature and sufficient to cause death in the ordinary course of nature. Time that elapsed between injuries and death was within half an hour and that between death and post -mortem was about eight to nine hours.