NIHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common judgment shall also dispose of connected Criminal Appeal No. 684-DB of 2002 (Janak Raj v. State of Punjab), as both the cases arise out of the Sessions Case No. 109 dated 28-9-1996 (BTNo. 60 dated 2-1-2002), decided on 13-8-2002 by learned Additional Sessions Judge (Ad hoc), Sangrur, holding all the accused-appellants guilty of offences under Section 148, IPC and also under Section 302, IPC read with Section 149, IPC, and sentencing them each to undergo RI for one year on the first count and RI for life on the second count.

(2.) The prosecution case is based on the FIR (Ex. PK/1) dated 26-7-1996 recorded at 9.30 p.m. on a statement (Ex. PK) of Piara Singh made to SHO Ashok Mohan of Police Station Moonak. The FIR was registered under Section 307, IPC read with Section 149, IPC and also under Section 148, IPC, for attempting to murder Dauli Singh. On the death of Dauli Singh, the offence under Sections 307/149 was converted into Sections 302/149, IPC. The special report was sent to JMIC, Sunam, at 4.00 a.m. on 27-7-1996. In his statement (Ex. PK), complainant Piara Singh (P.W. 7) stated that he is an agriculturist. On the date of incident, he along with his brothers Balbir Singh and deceased Dauli Singh, and his mother Dalip Kaur, was returning home after doing works in the fields, situated towards Hamirgarh side. The incident took place after they had reached the katcha path, leading from their village to village Bhathooan at about 6.00 p.m. in the evening. Accused-appellants Nihal Singh, Nikka Singh, Bhola Singh, Janak Raj and Suresh Kumar were armed with gandasa. whereas, another accused Pargat Singh was carrying a kirpan accused appellant Amarjit Kaur, widow of Santokh Singh, also accompanied them and was standing outside the shop of accused Janak Raj. Accused Amarjit Kaur raised a lalkara saying that "they would teach Dauli Singh a lesson for stopping Nihal Singh and Janak Raj from visiting her house." In the meanwhile, appellant Pargat Singh gave a kirpan blow on the right leg of deceased Dauli Singh who immediately collapsed. While the deceased was lying on the ground, other accused caused gandasa blows on various parts of his body; accused Nihal Singh caused gandasa blows on the back side of his neck; accused Janak Raj from the sharp edged side of gandasa on his forehead; accused Suresh Kumar on the back side in the middle portion of the shoulders; accused Nihal Singh on the left arm, and accused- appellant Bhola Singh from the sharp edged side on the front side of the left leg. Deceased Dauli Singh, who was also carrying a gandasa. caused assaults to the accused in self defense. His gandasa broke down in the process of exchange of blows. According to the complainant, his brother Balbir Singh and mother raised alarms shouting "do not kill" "do not kill". However, all the accused- appellants still continued with their attacks on the deceased who was lying on the ground. He further stated that accused-appellants Amarjit Kaur and Nihal Singh had given lalkaras and threatened that if they went near the deceased, they would also be killed. Hence, they did not come near the deceased out of fear. After inflicting injuries, all the accused had run away with their respective weapons. Deceased Dauli Singh was related to accused Amarjit Kaur as brother-in-law (sister's husband) and she is a widow. Accused Janak Raj and Nihal Singh used to visit her house with bad intention, which was objected to by the deceased. On account of that grudge, all the accused committed the murder of deceased Dauli Singh. The deceased was brought to the Government Hospital, Moonak, by the complainant and his mother for treatment. The Doctor referred him to Sangrur hospital. After arranging a car, the complainant sent his mother with deceased Dauli Singh to Civil Hospital, Sangrur, and came to the Police Station for giving information. Initially, a Challan was laid in the Court of Illaqa Magistrate only against three accused, namely, Janak Raj, Suresh Kumar and Bihola Singh. Other accused-appellants namely, Nihal Singh, Pargat Singh, Nikka Singh and Amarjit Kaur were kept in Column No. 2 and they were not sent up for trial. However, an application for their discharge filed by the prosecution was dismissed by the Magistrate. On consideration of the report under Section 173, Cr. P.C. charges under Sections 302/ 149 IPC, and Section 148, IPC were, thus, framed against all the seven accused. They pleaded not guilty and claimed trial.

(3.) We have heard learned counsel for the parties and perused the records.