BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 19.9.1992 passed by the Additional Sessions Judge, Ferozepur by which Buta Singh, Hadayat, Anayat and Suba sons of Kalu have been convicted under Section 302 read with Section 34 I.P.C. Anayat has been further convicted under Section 323 IPC and Buta Singh, Hadayat and Suba have been convicted under Section 323 read with Section 34 IPC. All of them have been sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- each or in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 302 read with Section 34 IPC. All the accused have been sentenced to undergo rigorous imprisonment for six months each under Section 323 and 323 read with Section 34 IPC.

(2.) IN nutshell, the prosecution case may be narrated thus :-

(3.) DR . Som Dutt Sood examined Malooka-PW4 on 6.7.1991 at 2.30 p.m. and found the following injuries on his person :- 1. A swelling 1.5 cms x 1.5 cms on the back and middle of right index finger with overlying lacerated wound .75 cm x .25 cm. Clotted blood was present. 2. Complained of pain in the anterior point of chest. Dr. Jajbir Singh Sandhu examined Bahla at 8 a.m. on 6.7.1991 and found the following injuries on his person :- 1. An incised wound 2.5 cms x 0.5 cm on right parietal region 12 cms from right pinna. Clotted blood was present and X-ray was advised. 2. Bluish swelling on right eye 5 cms x 3 cms. According to this witness, the patient was semi-conscious and his B.P. was 110/70 MM Hg and pulse was 80 per minute regular good volume and pupils were reacting to light equally. According to the doctor injury No. 1 caused by sharp-edged weapon was kept under observation while injury No. 2 caused by blunt weapon was declared to be of simple nature and the duration of the injuries was within 6 to 24 hours. He also proved Ex.PB carbon copy of the medico-legal report of Bahla and Ex.PB/1 the pictorial diagram showing the seat of injuries. He also testified that on police request Ex.PC he made endorsement Ex.PC/1. On police application Ex.PD, vide endorsement Ex.PD/1 he declared Bahla unfit to make statement on 6.7.1991 at 9.30 a.m. It is also in his statement that on police application Ex.PE, Dr. Tajinder Singh, D.F.P.O. directed him to conduct post-mortem on the dead body of Bahla vide endorsement Ex.PE/1. He further stated that on 8.7.1991 at 8.15 a.m., he conducted post- mortem on the dead body of Bahla son of Buta and observed the following injuries on the dead body of Bahla :- 1. A stitched wound 2.5 cms x 0.5 cm on right parietal region 12 cms from right pinna. On dissection there was clotted blood under whole of scalp on right side extending upto right temporal region. Underlying the wound there was a comminuted fracture of right patietal bone. On further dissection there was a big clot in the cranial cavity. The brain matter was crushed and bone fragments were pressing upon the brain. 2. Blackish blue swelling below the right eye 5 cms x 3 cms. In the opinion of this witness the cause of death in this case was due to shock and haemorrhage resulting from injury to vital organ i.e. brain and that the injuries were ante mortem in nature and sufficient to have caused death in an ordinary course of nature. The probable duration between injuries and death, according to this witness, was within 24 to 48 hours and between death and post-mortem was within 12 to 24 hours. He also proved Ex.PF the carbon copy of the post-mortem report.