PALWINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were tried for committing offences punishable under Sections 302/34 IPC on the allegations that on 8.6.2005 at about 3.00 p.m. in the area of village Akarpura, they, in furtherance of common intention of each other, caused injuries to Amarjit Singh with datars, which resulted in his death. Vide impugned judgment and order dated 16.12.2010, the Additional Sessions Judge, Gurdaspur, after holding that the prosecution had fully proved its case against them beyond shadow of reasonable doubt, convicted the appellants for the aforementioned offences and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 4,000/ - each and in default of payment of fine, to undergo further rigorous imprisonment for three months. The period of custody of the appellants during the investigation as well as trial was ordered to be set off against sentence of imprisonment imposed upon them.

(2.) THE case of the prosecution, in brief, is that complainant Jagtar Singh, brother of deceased Amarjit Singh, made statement Ex. PA before SI Malkiat Singh on 8.6.2005 at 5.30 p.m. at Adda Dalam Nangal in village Akarpura wherein he stated that he was resident of village Akarpura and an agriculturist by profession. He had set up a Dera at the tube -well in his land. His family had a land dispute with his uncle Amrik Singh. On that day, the complainant, alongwith his son Varinder Singh, nephew Charanjit Singh and niece Rupinder Kaur, was present at the Dera. His brother Amarjit Singh returned at about 2.00 p.m. after attending the hearing of the case at Dera Baba Nanak, while Amarjit Singh's wife Gurmit Kaur brought tea from the house. At about 3.00 p.m., Amrik Singh and Palwinder Singh @ Billa, the two appellants, alongwith Jaswinder Singh son of Amrik Singh and Sarabjit Singh, brother -in -law of Jaswinder Singh, while armed with datars came from the village to the Dera of the complainant. On reaching there, Amrik Singh raised an alarm asking Amarjit Singh to run to whatever distance he wanted and they would finish the land dispute forever. Upon this, Amarjit Singh started running towards fields while the aforementioned four accused followed him to the land of Manjit Singh where he was surrounded. The complainant and others raised an alarm asking the accused not to kill him. On this, Jaswinder Singh tried to inflict a blow with datar on the person of Amarjit Singh, who raised his right arm to save himself and the datar hit him on his right arm near the wrist. Palwinder Singh @ Billa also tried to inflict a blow with datar. Amarjit Singh again raised his left hand to ward off the same and the blow hit him on his middle finger. Amrik Singh gave datar blow above right eye -brow. Sarabjit Singh, brother -in -law of Jaswinder Singh inflicted a datar blow on the forehead of Amarjit Singh. As a result, Amarjit Singh fell down. Jaswinder Singh gave a datar blow which hit in the middle of the head of Amarjit Singh. Amrik Singh gave a datar blow on the left cheek of Amarjit Singh. Jaswinder Singh gave a datar blow on the back of Amarjit Singh's neck and as a result, the neck was cut and so also the left ear. Palwinder Singh @ Billa gave a datar blow on the back of Amarjit Singh's head. Sarabjit Singh, brother -in -law of Jaswinder Singh gave another datar blow on the back of Amarjit Singh's head. Because of the injuries received by him Amarjit Singh died at the spot. The entire occurrence was witnessed by complainant Jagtar Singh, his son Varinder Singh, sister -in -law Gurmit Kaur, nephew Charanjit Singh and niece Rupinder Kaur. After inflicting the injuries the accused ran away. The complainant, after leaving his son and sister -in -law to guard the dead body, left for the Police Station to lodge a report. He came across SI Malkiat Singh before whom he made statement Ex. PA, as mentioned above. On the basis of the said statement, FIR Ex. PW6/B was registered at Police Station Qila Lal Singh on 8.6.2005 at 6.10 p.m. by ASI Baljit Raj.

(3.) IN support of its case, the prosecution examined complainant Jagtar Singh as PW1, who testified that the two appellants, alongwith Jaswinder Singh and Sarabjit Singh, had taken active part in causing the death of Amarjit Singh. This was followed by the State moving an application under Section 319 Cr.P.C. for summoning Jaswinder Singh and Sarabjit Singh as additional accused. Vide order dated 26.10.2006, the Additional Sessions Judge, Gurdaspur accepted the application and summoned Jaswinder Singh and Sarabjit Singh as additional accused. However, both these accused could not be served through non -bailable warrants of arrest as well as through proclamation under Section 82 Cr.P.C. Ultimately, vide order dated 27.2.2007, the trial Court declared them as proclaimed offenders.