GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against judgment/order dated 17.8.1999 of the Court of Additional Sessions Judge, Patiala, whereby accused appellants were convicted for offence under Section 304 Part-II IPC read with Section 34 and also 323 read with Section 34 IPC. They were sentenced to undergo RI for eight years under Section 304 Part II read with Section 34 IPC and to pay fine of Rs. 1,000/- each. They were further sentenced to undergo RI for six months each under Section 323 read with Section 34 IPC. In default of payment of fine to further undergo RI for six months each.

(2.) THE prosecution case against the accused/appellants was that on 21.5.1990 Gurdial Singh and his sons Tej Singh and Sarabjit Singh had tied harrow of Labh Singh with their tractor and were ploughing their fields. When Labh Singh demanded his harrow back, then accused objected but ultimately gave the harrow. Then at about 5.30/5.45 p.m. on that very day when Labh Singh and his brother Sahib Singh had gone to their outer house and were putting dry fodder to their buffaloes and when his brother Sahib Singh was standing nearby in the courtyard of the outer house, then all the accused came at the top of their house adjoining outer house of Labh Singh. They started abusing them. Then Gurdial Singh shouted that a lesson should be taught for getting back the harrow. Gurdial Singh then threw brick-bats after uprooting the same from the parapet of his roof and threw the same towards Labh Singh hitting on his right foot and left thigh. Tej Singh also threw a brick-bat towards Sahib Singh hitting him on his head. Sahib Singh became unconscious. Other accused Sarabjit Singh also threw bricks towards Sahib Singh, due to which he received injuries on the head and other parts of the body. In the meantime, Gurbux Singh and Sukhdev Singh had arrived who had witnessed the occurrence. Then accused ran away. Sahib Singh was taken to Rajindera Hospital, Patiala where he was got admitted in the Emergency Ward. There Sahib Singh died. Labh Singh made statement to the police. The case was registered under Section 304/34 IPC. The case was investigated. all the three accused/appellants namely Gurdial Singh, Karamjit Singh alias Sarabjit, and Tej Singh were sent for trial. Case against Gurdial Singh and Tej Singh was found to be proved. They were accordingly convicted and sentenced as aforesaid whereas Karamjit Singh alias Sarabjit Singh was acquitted.

(3.) ON behalf of the State, a judgment of Hon'ble Supreme Court reported in State of Punjab v. Mann Singh, 1983(1) RCR(Criminal) 80 : 1983 Crl.L.J. 229 had been relied, in which it had been held that in case of conviction for offence under Section 304 Part II IPC conviction of other accused for offence under Section 304 Part II read with Section 34 IPC would be proper, which would mean that in such cases Section 34 will be applicable. In another judgment of the Supreme Court reported in Sukhpal v. State of M.P., 1997 SC Cases (Criminal) 769 also, conviction for offence under Section 304 Part II read with Section 34 IPC and Section 149 IPC had been upheld.