KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24th of March, 1992 passed by the Additional Sessions Judge, Amritsar by which Karam Singh alias Radha Singh has been convicted under Section 302 I.P.C. and Vir Singh alias Bhappi has been convicted under Section 302 read with Section 34 I.P.C. Karam Singh and Vir Singh have been sentenced to undergo imprisonment for life each.

(2.) THE prosecution story, in brief, is as follows :- On 26.1.1990 at about 4 or 4.30 p.m. the husband of the sister of the mother of Satnam Singh complainant came to their house when Harbhajan Singh had gone out as he used to ply a tonga from Sheikh Chak to village Kallah. Satnam Singh and his brother Amrik Singh left the house to bring their father Harbhajan Singh. At about 5 or 5.30 p.m. they reached near the Samadh of Baba Rori and found the Tonga of their father parked there on the Kucha path. They saw that Lakha Singh and Vir Singh accused were holding Harbhajan Singh from his legs and arms and they took him to the wheat field of Jetan Singh. Karam Singh accused was also present with them in the field of Jetan Singh. Accused Karam Singh picked up a brick and hit Harbhajan Singh on his head with that brick. Vir Singh accused alias Bhappi also gave 4-5 brick blows on the person of Harbhajan Singh. Satnam Singh and his brother raised alarm and the assailant fled away. When Satnam Singh & Amrik Singh reached near their father, they found him dead. Regarding the motive, it was alleged that 2 days prior to the occurrence both the accused alongwith Lakha Singh had travelled in the Tonga of Harbhajan Singh deceased from village Sheikh Chak to village Kallah and they did not pay the fare to Harbhajan Singh deceased, who demanded it. Out of fear, the complainant and his brother remained near the dead body for the night. On the next day Kuldip Singh and Avtar Singh Sarpanch reached there. Amrik Singh and Kuldip Singh were left near the dead body of Harbhajan Singh while Satnam Singh and Sarpanch Avtar Singh went to lodge the report. Police party headed by S.I. Joginder Singh met them on the way at village Sheikh Chak and the S.I. recorded the statement Ex.PH of Satnam Singh. Then the Police Party accompanied Satnam Singh and Avtar Singh to the place of occurrence where from S.I. Joginder Singh lifted the blood stained brick, which was made into a sealed parcel with the seal mark JS. It was taken in possession vide recovery memo Ex.PK attested by Jagtar Singh and Piara Singh. The S.I. also lifted the blood stained earth from near the dead body of Harbhajan Singh and made the same into sealed parcel with the seal marks JS and it was taken into possession vide recovery memo Ex.PL attested by Jagtar Singh and Piara Singh. On the basis of the statement Ex.PH, formal F.I.R. was recorded at Police Station Sadar Tarn Taran. Post-mortam examination on the dead body of Harbhajan Singh was conducted by Dr. Ashwani Kumar Ahuja. Both the appellants were arrested while Lakha Singh was declared proclaimed offender.

(3.) SATNAM Singh, P.W.4 stated that his father used to ply tonga from village Sheikh Chak to village Kallah; that on 26.1.1990 his father went to ply his Tonga; that Mohan Singh husband of the sister of his mother came to them from U.P. at about 4.30 p.m.; that he accompanied by his brother Amrik Singh went to village Kallah via the kucha path to bring his father. He further stated that when they reached the Samadh of Baba Rori on the way of village Kallah they saw the Tonga of his father parked there on the kucha path; and that they found that Lakha Singh was holding his father Harbhajan Singh from his legs while Vir Singh accused was holding him from his arms; that they carried him to the wheat field of Jetan Singh where Karam Singh accused was also present with them; that in the wheat field Karam Singh accused picked up a brick and hit Harbhajan Singh on the left side of his head and Vir Singh accused gave 4-5 brick blows on the head of his father. He further stated that he and Amrik Singh raised alarm and the assailants fled away. He further stated that he and his brother Amrik Singh went near their father who was found dead. He further deposed that 2-3 days prior to the occurrence both the appellants alongwith Lakha Singh travelled in the tonga of Harbhajan Singh from village Sheikh Chak to village Kallah and his father demanded the fare from them but they refused to pay and he was told about it by his father. According to this witness, the occurrence took place at about 5.30 p.m. in the winter season and so they did not go to the police station during the night out of fear. He further stated that on the next day Kuldip Singh and Avtar Singh Sarpanch came there, so Kuldip Singh and Amrik Singh were left at the spot near the dead body of Harbhajan Singh, while the witness accompanied by Avtar Singh Sarpanch left for the police station to lodge the report and they met S.I. Joginder Singh on the way at village Sheikh Chak and he recorded his statement Ex.PH which was thumb marked by him in token of its correctness and then he accompanied the police to the spot. His statement finds corroboration in all material aspects from the statement of Amrik Singh P.W.6, who is also the son of the deceased.