GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurtej Singh son of Jit Singh of village Moola Singh Wala, District Mansa, has been convicted by Shri G.L. Chopra Sessions- Judge, Bhatinda on 4.11.1993 for an offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and required to pay a fine of Rs. 2000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. Aggrieved against it, the present appeal has been attempted.

(2.) Briefly, the story of the prosecution is that at 8.00 P.M. on 29.3.1991 Mukhtiar Singh and his younger brother Kaka Singh came out of their house in the street and at the instance of Lali, Gurtej Singh, his younger brother, gave a lathi blow on the fore-head of Mukhtiar Singh, aged 55, in the street. The occurrence was seen by Kaka Singh, a brother of the injured and when he raised an alarm Dont kill, Dont kill, Gurtej Singh and his brother Lali made good their escape. The motive for this occurrence was that the accused had placed some cotton sticks on a plot of land which otherwise, had been in possession of the complainant Kaka Singh and his injured brother Mukhtiar Singh and the protest of the injured in this regard was disliked by the accused. In a tractor trolley, Mukhtiar Singh injured was carried to Civil Hospital, Mansa on the following morning. Shri Santokh Singh, Assistant Sub Inspector of Police Station Bhikhi arrived at Civil Hospital, Mansa at 11.15. A.M. on 30.3.1991 and recorded the statement of Kaka Singh, the complainant-brother the eyewitnesses. The formal First Information Report was originally recorded under Section 308/34 of the Indian Penal Code at 1.40 P.M. at Police Station, Bhikhi the same day. The special report was received by the Ilaqa Magistrate at 10.00 A.M. on 1.4.1991 at Mansa, Mukhtiar Singh was medico legally examined by Dr. H.S. Sandhu, Medical Officer (PW-1) at 2.45 AM. on 30.3.1991. Mukhtiar Singh was not fit to make a statement after the occurrence. He died at 5.00 P.M. on 30.3.199 1 and it was thereafter that the offence was converted into one under Section 302 of the Indian Penal Code. Shri Santokh Singh, Assistant Sub Inspector, inspected the place of occurrence along with Kaka Singh and prepared the rough site plan Exhibit DC after the death of the injured. The inquest proceedings were prepared and the dead body was despatched for post mortem examination. Gurtej Singh accused together with lathi, Exhibit P-I, was arrested on 6.4.1991. It may also be, mentioned here that, Lali, the elder brother co-accused, was acquitted by the trial Court.

(3.) PW-1 Dr. H.S. Sandhu, Medical Officer of Medical College, Amritsar examined Mukhtiar Singh injured, aged 55, at 2.45 A.M. on 30.3.1991 and the injuries found on his person were as under: