STATE OF PUNJAB Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS appeal against acquittal arises out of the following facts:

(2.) RAM Dass - since deceased, his son Tarsem Lal, P. W.8 and his relative Assa Ram - P.W. -11 used to reside in village Chandiani Khurd alongwith other members of the family. On one side of the village abadi, Ram Dass had installed a tubewell. On 26th June, 1987 at about 10 P.M. Tarsem Lal alongwith Ram Dass and Assa Ram had gone to sleep at the tubewell after having their dinner and whereas Tarsem Lai and Assa had then gone up to the roof of the tubewell for sleeping Ram Dass had slept in the compound in the field. At about mid night, Tarsem Lal and Assa Ram heard the noise of a tractor engine and noticed thereafter that Satnam Singh accused armed with sua and his brother Nazir Singh armed with a dang alongwith two other persons also armed with dangs had got down from the tractor and had come to the tubewell. They then removed the ladder by which Tarsem Lal and Assa Ram had gone on the roof of the tubewell and Satnam Singh gave a lalkara that Ram Dass should be taught a lesson for abusing them the previous day and thereafter all the four assailants started causing injuries to Ram Dass with their respective weapons. When Ram Dass tried to escape, he was overpowered by the accused persons on the water course of tubewell and again given injuries. Within the sight of the witnesses Satnam Singh again gave another blow with his sua on the left leg of Ram Dass while Nazar Singh inflicted a dang blow on his right flank. Ram Dass raised an alarm of 'Marditta' 'Marditta' and ultimately fell down in the water channel. In the morning when Assa Ram and Tarsem Lal came down from the roof they found that Ram Dass had already died. Tarsem Lal, thereafter, reached village Chandiani Khurd after leaving Assa Ram at the spot and on the morning of 2 6.1987 accompanied by Amrit Lal went to the Police Station, Balachaur and lodged a report Ex. PE at 8.05 A.M. After the registration of the case, Sub -Inspector Sat Pal P.W. -12 accompanied by Tarsem Lal and Amrit Lal came to the spot and after recording the inquest report also picked up certain items from the place. A.S.I. Gurdial Singh P.W. -9 arrested Gurcharan Dass accused on 20th July, 1987 and moved an application for his identification parade before the Magistrate, but as he refused to join the identification, the application was rejected. On 27th July, 1987, Ram Pal accused was also arrested, but he too declined to join the identification parade. After the investigation, a challan under Section 173 of the Code of Criminal Procedure was in Court and a charge under Section 120 -B of the Indian Penal Code was framed against Satnam Singh, Mohan Lal, Rattan Chand and Bhim Sain accused, whereas a charge under Section 302/34 of the Indian Penal Code was framed against Satnam Singh, Nazir Singh, Gurcharan Dass and Ram Pal accused.

(3.) IN support of its case, the prosecution examined P.W. -I Dr. V.K. Kaushal, who had conducted the post -mortem examination on the dead body of Ram Dass deceased, P.W. -2 Ram Shah, who deposed to the quarrel which had taken place between Satnam Singh accused and Ram Dass -deceased and which had led to the incident, P.W. -7 Sucha Singh who was a witness to the conspiracy, the two eye - witnesses P.W. -8 Tarsem Lal and P.W.11 Assa Ram and the various Investigating Officers.