KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Singh, who was tried along with his mother Smt. Charan Kaur under Section 302, Indian Penal Code for committing the murder of Satnam Singh on January 20, 1986, at about 7 P.M. in front of grocery -cum -vegetables shop of the appellant Kuldip Singh was found guilty under Section 304 Part II, Indian Penal Code, convicted thereunder and sentenced to suffer seven years' rigorous imprisonment by the learned Additional Sessions Judge, Gurdaspur, vide judgment and order dated August 6, 1986. The learned Additional Sessions Judge, however, acquitted co -accused Smt. Charan Kaur of the charge under Section 302/34, Indian Penal Code by giving her the benefit of doubt.

(2.) THE case of the prosecution, stated briefly, is as under : Satnam Singh (deceased) accompanied by his brother Jaswinder Singh P.W. 2 (Informant and eye witness) were returning from their fields carrying fodder in the bullock -cart on January 20, 1986. At about 7 P.M. the bullock - cart reached the grocery -cum -vegetables shop of the appellant when one of the bullocks started grazing some vegetables displayed in front of the shop and thereupon some quarrel took place between Kuldip Singh -appellant and Satnam Singh (deceased). Co -accused Smt. Charan Kaur is said to have caught hold of the Shirt of Satnam Singh when the appellant Kuldip Singh, who had picked up a Sota from his shop gave a blow with the same on the head of Satnam Singh. Jaswindcr Singh (P.W. 2) raised hue and cry which attracted his other brother Lakhwinder Singh (P.W. 3) who was present at his house situated nearby and both the brothers of the deceased witnessed this occurrence. Satnam Singh, on reaching his house, succumbed to his injury at about 7.45 P.M. Jaswinder Singh left the dead body of Satnam Singh in the custody of his brother Lakhwinder Singh and he went to Police Station Dhariwal to lodge the report. On the way, he met Sub -Inspector Harmail Singh and other police officials near the cinema at Dhariwal and he narrated the occurrence to the said Sub Inspector, who reduced his statement (Exhibit P.B.) into writing. Sub Inspector Harmail Singh sent the statement of the complainant with his endorsement to the Police Station where First Information Report was recorded. Sub Inspector Harmail Singh (P.W. 6) accompanied by other police personnel went to the house of Jaswinder Singh where he found the dead body of Satnam Singh lying. The inquest proceedings were conducted and the dead body was sent for post -mortem examination.

(3.) THE post -mortem examination on the dead body of Satnam Singh was conducted by Dr. P.K. Mahajan, Medical Officer, Civil Hospital, Gurdaspur (P.W. 1) on January 21, 1986. The Autopsy Surgeon found the right eye swollen and blue. Right side of forehead and right upper part of the face was also found swollen. Bleeding from the nostrils was found present. On dissection of the skull there was bleeding into the muscles in right fronto temporal region where depressed bone with fracture was found. On further opening of the skull, there was collection of blood in extra dural space and intra cranial fossa. Two abrasions 5 cm x 5cm at a distance of 2 cms from each other were found on the dorsum of the left hand in the middle. The cause of death was head injury which was sufficient in the ordinary course of nature to cause death and the injury was found ante mortem in nature. Post mortem examination report was prepared, the carbon copy of which is Exhibit P. A.