BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted of the charge under section 302, I.P.C. and was sentenced to imprisonment for life and fine of Rs. 1,000/- in default rigorous imprisonment for six months. The other accused Sohan Singh was convicted under Section 323, I.P.C. and sentenced to suffer rigorous imprisonment for one year.

(2.) THE incident in this case took place on 1.2.1991 at about 10.30 a.m. The incident was provoked on account of a petty matter pertaining to flowing of excess water in the agricultural land. At that time deceased Dalip Singh was draining out the excess water that had accumulated in his land. At about the same time, the appellant Buta Singh and other accused Sohan Singh arrived there. Buta Singh raised the warning to Dalip Singh that they will not allow Dalip Singh to drain off the water. Dalip Singh replied that they were nobody to restrain him. That provoked the appellants. Sohan Singh then picked up a brickbat and pelted it towards Dalip Singh. It hit on the forehead of Dalip Singh. Dalip Singh fell down. While he was thus lying, appellant Buta Singh took out his small kirpan (dagger) and hit him near the neck. The witnesses raised alarm. Thereupon both these accused fled away. Dalip Singh succumbed to these injuries at the spot itself. Thereupon, Makhan Singh, brother of Dalip Singh, who was also an eye-witness to this incident, made arrangement to guard the dead body of Dalip Singh and proceeded in the direction of police post. On way, he happened to meet the patrolling police party at the bus- stand Tangra. There his report came to be recorded at about 12.30 p.m. On the basis of that offence was registered at Police Station Jandiala at 1.05 to 1.35 p.m. The special report was received by the Magistrate at about 5 p.m. on the same day.

(3.) THE other witness PW-4 Darshan Singh, however, did not support the prosecution case. He testifies in respect of prosecution case to the extent that Dalip Singh sustained an injury due to the pelted brickbat by Sohan Singh, and as a result of that Dalip Singh fell on the ground. PW4 Darshan Singh, therefore, claimed that thereafter he fled away and did not witness the further incident. On finding that he was thus stating something contrary to what he has stated in his previous statement before the police, he was declared hostile to the prosecution and with the permission of the Court he was confronted with the previous statement before the police, wherein he has stated that appellant Buta Singh inflicted kirpan blow on the throat of Dalip Singh. It, therefore, clearly appears that PW4 Darshan Singh half-heartedly supported the prosecution case. The medical evidence, however, clearly establishes the stab injury on the neck. Despite the hostility shown by PW-4 Darshan Singh, his testimony certainly renders support to the prosecution case to the extent that PW3 Makhan Singh was also then present at the scene of offence. It appears that PW 4 Darshan Singh happened to be in a fix, to state the truth because he is cousin of Buta Singh as well as deceased Dalip Singh. Under these circumstances we find that despite the half-hearted support by PW-4 Darshan Singh, the substratum of the prosecution case as indicated by PW-3 Makhan Singh is not at all shaken.