SALINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SALINDER Singh and his three sons Mehar Singh, Gurdip Singh and Kashmir Singh were committed to trial in the court of Sessions Judge, Ferozepur for offences under Sections 326 and 302 read with Section 34 of the Indian Penal Code on the following facts unfolded by Mohinder Singh P.W.2.

(2.) ON 24.7.1992 at about 7.30 p.m. Mohinder Singh PW2 along with his son Kartar Singh (deceased) went to the shop of Mistry Sucha Singh to get his plough repaired. In the meantime, his elder son Pargat Singh, who lived separately though in the same village, came there. Seeing all three of them standing at the shop of Sucha Singh, Salinder Singh armed with a barcha, Mehar Singh and Kashmir Singh both armed with Kirpans and Gurdip Singh armed with Sotta came there. Gurdip Singh raised a lalkara that the complainant party be not allowed to escape and be taught a lesson for the dispute with regard to the water course. On this exhortation, Mehar Singh have a Kirpan blows to Kartar Singh which hit him on his left arm, Kashmir Singh gave a Kirpan blow to Pargat Singh which hit on his left palm and Salinder Singh gave a barcha blow to Kartar Singh on his left shoulder, whereupon he fell down and while he was lying on the ground Salinder Singh gave another barcha blow which hit him on his back whereas Mehar Singh and Kashmir Singh gave many blows to Pargat Singh on his left hand and arm. Mohinder Singh PW raised an alarm whereupon Harbhajan Singh whose house was nearby came running and the assailants left the spot with their respective weapons. Mohinder Singh PW thereafter arranged for a tractor and took the injured Pargat Singh and Kartar Singh and got them admitted at 11.20 p.m to the Mission Hospital, Ferozepur. Kartar Singh was examined and it was found that he had bled profusely and was in a state of shock and he was ultimately declared dead at about 1.42 a.m. the next morning i.e. 25th July, 1992. Leaving the dead body of Kartar Singh with Harbhajan Singh, Mohinder Singh left for the police station when he met Sub Inspector Baldev Raj PW6 near the bus stand Kawabora where his statement Ex.PD was taken down which formed the basis of the formal FIR Ex.PD/2, recorded by ASI Yadwinder Singh at 6.30 a.m. the same day at Police Station Ghall Khurd. The special report was also delivered to the Ilaqa Magistrate at Ferozepur at 10.30 a.m., the same morning. The cause of the incident as given by Mohinder Singh PW2 was that his water course has been demolished by Salinder Singh regarding which a matter was pending before the Canal authorities and that this had annoyed the accused party and had led to the crime.

(3.) THE eye-witness account was given by Mohinder Singh PW2 and Pargat Singh PW3, the injured witness, PW6 SI Baldev Raj investigated the case whereas PW7 Dr. Rachard deposed regarding the admission of the deceased and the injured to the Mission Hospital on the relevant date. The prosecution case was thereafter put to the accused but they pleaded innocence and claimed trial. The trial court came to the conclusion that the prosecution had not been able to prove the case against the accused with regard to the charge under Section 326 IPC for the injuries suffered by Pargat Singh, whereas the involvement of Gurdip Singh too was not proved with regard to any offence. Having held as above, he acquitted Gurdip Singh in toto whereas acquitted the three accused for the offences mentioned above, but held them guilty for having caused the murder of Kartar Singh and accordingly sentenced them to imprisonment for life and a fine of Rs. 500/- each for the offence under Section 302 read with section 34 of the Indian Penal Code. Hence the present appeal at the instance of the three convicted accused.