RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were convicted of the charges under Section 302 read with 34 I.P.C. and 323 read with 34 I.P.C. and were sentenced by the trial Court.

(2.) BRIEFLY stated, the prosecution case is as follows: On 44.1989 at about 5.45 PM deceased Rakesh Kumar, his brother Prem and their father Puran Chand were negotiating a bargain to purchase a buffalo. At that time they were on road in front of the house of the one Milkhi Ram. In the meantime, accused Sham Lal armed with a Dang (Heavy stick), and accused Rattan Singh armed with a Saria (iron rod), both persons in drunken condition, came.there. They started abusing Prem, deceased Rakesh Kumar and their father, by raising the issue that these persons have exhibited audacity by daring to purchase a buffalo which the accused wanted to purchase. Accused Sham Lal then raised a lalkara to" teach a lesson for having shown audacity. Thereupon Rattan Singh accused -appellant inflicted two blows with iron rod on the head of Rakesh Kumar and caused injury on his skull. Rakesh Kumar fell unconscious. Complainant Prem had then come to rescue but he was scared away by giving a dang blow by accused Sham Lal. The dang blow caused injury to the head. Hue and cry then was raised. Thereupon certain witnesses rushed to the spot. These accused then ran away with their respective weapons. With the help of witnesses, the injured Rakesh Kumar was taken to the Civil Hospital, Pathankot. Prem also had gone to the hospital. Rakesh Kumar was referred by the doctor for further treatment to Civil Hospital, Ludhiana. Evidence indicates that the doctor had sent a report to the police Station and had informed regarding the admission of these two injured. The police Officer then came in the hospital and made enquiries as to the fitness of these injured persons to make the statement. At the initial stage these persons were not found to be in a fit condition to give statement. Injured Rakesh Kumar was semiconscious. Later on, on 5.4.1989 at about 8.30 A.M. doctor certified that Prem was in a fit condition to make statement. Thereupon his report was recorded at 9.10 A.M. on 5.4.1989 in the Civil Hospital at Pathankot. On the basis of that, First Information Report was registered at the Police Station at 9.45 A.M. on the same day. The initial registration of the offence was under Sections 323 and 308 I.P.C. The special report in respect of the registration of the offence had been sent to the Magistrate which was received by him at 3.45 PM on 5.4.1989.

(3.) THE accused -appellants denied the prosecution case. They contended that at about 4.00 PM on 4.4.1989 accused Rattan Singh had quarrelled with deceased Rakesh Kumar because he had lifted goods out of their turn at Railway Station Pathankot. It may be mentioned here that the accused and the deceased run horse -driven carts for transporting articles. During the quarrel mentioned above, accused Rattan Singh had also given shoe beating to deceased Rakesh Kumar. As a sequel of that incident, on the same day at about 6.00 PM, deceased Rakesh Kumar armed with Datar (a big size butcher's knife) and Prem complainant with a dang (heavy stick) came in front of the house of accused Rattan Singh and started giving filthy abuses. Thereupon they entered in the house and deceased Rakesh Kumar inflicted a blow with Datar by using its blunt side and caused injury to the head of accused Rattan Singh. When he was about to give second blow, accused Rattan Singh in exercise of self -defence gave a stick blow to Rakesh. During this incident, Prem also gave a stick blow on the head of accused Rattan Singh .Accused Rattan Singh then tried to catch hold of Rattan Singh v State of Puniab 349 him. In that struggle Prem fell on the ground and sustained injury. The accused have also led evidence of two defence -witnesses to substantiate their stand. It may further be mentioned here that on the same day (i.e. on 4.4.1989) at about 30 P.M. accused Rattan Singh was also examined by the Medical Officer. He found the following injuries on the person of accused Rattan Singh: