KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has filed the present appeal for challenging the judgment and order dated 12.3.2009 passed by learned Additional Sessions Judge, Patiala whereby he was convicted under Ss. 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for one year. He was also convicted under Sec. 307 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,500/ - and in default of payment of fine, to further undergo rigorous imprisonment for nine months. Both the sentences were ordered to run concurrently. The period of detention already undergone by him during the investigation and trial of the case was ordered to be set off against the substantive sentence awarded to him.

(2.) The case of the prosecution, in nutshell, is that on 19.7.2002 at 9.15 a.m., SI Bimal Kumar, Station House Officer, Police Station Patran recorded the statement of Angrej Singh son of Pal Singh at Rajindra Hospital, Patiala to the effect that he was resident of village Gulzarpura Tharua and engaged in agriculture. Manjit Singh was his younger brother. Ever since the time of assembly election, there were two groups in the village. Nishan Singh son of Amar Singh, Jaswinder Singh @ Jassa, Kulwinder Singh @ Kaka and Balwinder Singh @ Binda sons of Nishan Singh, Kuldip Singh @ Jeji, Hardip Singh and Nawab Singh @ Kaka sons of Joginder Singh, caste Jat, belonged to the Akali Party while his (Angrej Singh's family) was supporter of Congress party. Due to that reason, there was an altercation between the two groups but at the intervention of respectables of the village and both the parties belonging to the same village, the matter was compromised. Despite the same, Nishan Singh and others did not desist from taunting the complainant party. On 18.7.2002 at about 8.00 p.m., complainant Angrej Singh, alongwith his brother Manjit Singh and Balwinder Singh son of Amar Singh, was proceeding towards his Dera and when they reached near the tube -well of Puran Chand, Nishan Singh armed with a rifle, Sukhwinder Singh with a Barchha, Jaswinder Singh with a Barchhi, Kulwinder Singh @ Kaka with a Barchha, Kuldip Singh @ Jeji with a Dang, Hardip Singh with a Gandasi and Nawab Singh with a Barchhi came there while raising lalkaras. Nishan Singh proclaimed that the complainant and his brother Manjit Singh be not allowed to go scot free that day and be taught a lesson for opposing them in the village. Upon this, Jaswinder Singh gave Barchhi blow to Manjit Singh, hitting him in his chest. As a result, Manjit Singh fell on the ground. Kulwinder Singh gave a Barchha blow to complainant Angrej Singh which landed on the right side of his abdomen. Balwinder Singh gave a Barchha blow in the left flank of the complainant. Nawab Singh gave Barchhi blow on his right shoulder, Hardip Singh gave Gandasi blow on his right shoulder while Kuldip Singh gave Dang blow on the upper part of his back. On receiving the injuries, complainant also fell on the ground. All the accused gave fist and kick blows to complainant Angrej Singh and his brother Manjit Singh. Nishan Singh, while hurling abuses, loudly announced that Angrej Singh and Manjit Singh had been taught a lesson for supporting the Congress party. The complainant and Balwinder Singh raised an alarm which attracted Kuldip Singh, Ex -Sarpanch and Lakhwinder Singh to the spot. On seeing them coming to the spot, all the accused ran away towards the village while carrying their respective weapons. The complainant also stated that in the last elections, he had supported the Congress party whereas the accused had helped the Akali party. He further stated that Balwinder Singh, after arranging a vehicle, got him and his brother Manjit Singh admitted in the Rajindra Hospital, Patiala. Due to the injuries received by him, Manjit Singh died at about 2.30 a.m. The complainant sought taking of action against the accused.

(3.) Further case of the prosecution is that on the basis of statement made by complainant Angrej Singh, FIR No. 194 dated 19.7.2002 under Ss. 302/307/325/120 -B/148/149 IPC and Ss. 25/27 of the Arms Act was registered at Police Station, Patran at 10.45 a.m. Special report sent through Constable Karanbir Singh was received by the Judicial Magistrate 1st Class, Samana on 19.7.2002 at 1.00 p.m.