TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appellant, Tarsam Singh has filed this appeal against his conviction under Section 302, I.P.C. for having caused the murder of Phuman Singh on 6th April, 1991 and sentence of imprisonment for life and a fine of Rs. 1,000/ - in default to further undergo rigorous imprisonment for six months, awarded by the Sessions Judge, Hoshiarpur.

(2.) THE facts relevant for the disposal of appeal are as under: The deceased, Phuman Singh was going to the Gurdawara in the village as per his daily routine and was being followed by his son Ranjit singh P.W.5, who was going to the fields to ease himself. When Phuman Singh reached near the field of Parkash Chand, the appellant armed with Datar Exhibit P -1 emerged from the field and shouted that he would teach Phunam Singh a lesson for having got him slapped from Ranjit Singh P.W. 5 Saying so the appelant attacked Phuman Singh with the weapon. The deceased shouted 'Mar Ditta Mar Ditta' and on hearing this roula, Kuldip Singh and Gurmit Singh P.W. -6 came to the spot. The appellant also dealt two Datar blows on the head of Phuman Singh, on receipt of which he fell down. Ranjit Singh P.w. -5, his brother Kuldip Singh as well as Gurmit Singh P.W. -6 as also certain other persons came to the spot but failed to apprehend the appellant who ran away with the weapon. The injured Phuman Singh was removed to Primary Health Centre, Mahilpur in a car belonging to Gurmej Singh duly accompanied by his wife, Ranjit Singh, Kuldip Singh, and one Sardara Singh, Dr. S.P. Suman P.W. -3 who was incharge of Primary Health Centre, Mahilpur, sent information Exhibit PG at 7.00 A.M. to the Station Mahilpur, intimating the arrival of Phuman Singh in a serious condition with multiple injuries but before the police could reach the Primary Health Centre, the injured was taken to Civil Hospital, Hoshiarpur, where he died at about 8.30 A.M. Ranjit Singh P.W. -5 then left the hospital in order to go to Police Station Mahilpur to lodge a report but A.S.I. Amrik Singh of Police Station Mahilpur met him outside the hospital, and recorded his statement exhibit PC at 10.00 A.M. on 6th April, 1991. This statement formed the basis of formal F.I.R. Exhibit PC/2 which was registered at Police Station Mahilpur at 11.00 A.M. and the special report was also delivered to the Raga Magistrate at Hoshiarpur at 4.05 P.M. the same evening. The motive for the murder was that three months priorto this incident, the appellant had been caught while stealing fruit (keenu) from the orchard of the deceased Phuman Singh and Ranj it Singh P.W. -5 had slapped him and warned him against committing a theft again. The matter had also been taken to the Panchayat and the Sarpanch of the village brought about a compromise between the parties. Jagtar Singh Sarpanch of the village also appeared as P.W. -7 and corroborated the motive part of the incident.

(3.) THE prosecution in support of its case primary relied upon the evidence of Ranjit Singh P.W. -5, the son of the deceased, Gurmit Singh P.W. 6 a beighbour and with regard to the motive, produced in evidence Jagtar Singh P. W. 7 Reliance was also placed on the statement of the investigating officers P.W. -8 and P.W. -9 A.S.I. Amrik Singh and S.I. Harbans Singh respectively.