DHIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Dhian Singh was convicted by Additional Sessions Judge,Gurdaspur under Section 392 and 307/34 IPC. He was sentenced to undergo RI for five years and to pay a fine of Rs. 1000/- under Section 392 IPC. In default of payment of fine, he was directed to undergo further RI for three months. He was also sentenced to undergo RI for three years and to pay a fine of Rs.500/- under Section 307/34 IPC. In default of payment of fine, he was directed to undergo further RI for one month. Substantive sentences were ordered to run concurrently. Hence, the present appeal.

(2.) The case of the prosecution was that on 8.3.1986 at about 3.30 PM, Subash Chander PW5 was present at Taxi Stand, Hoshiarpur with an ambassador car No.PUJ 5674, which he used to ply as a taxi. The accused and one clean shaven person came there and represented that the wife of the clean shaven person was admitted in Military Hospital, Pathankot and she was to be brought from there to Hoshiapur. The clean shaven person further represented himself to be an army personnel and stated that his wife was to deliver a child. After settling the hire charges at Rs.350/-, the accused took a sum of Rs.200/- from his companion and handed over the same to Subash Chander. The accused and the other person seated themselves in the car. Subash Chander drove the car to Military Hospital, Pathankot, where they reached at about 7.00 PM. The accused went inside the Military Hospital, but came back within 5/7 minutes to tell his companion that his wife had gone to village Ranipur. Both of them asked Subash Chander to take them to village, Ranipur. Reaching Ranipur, they stopped near a narrow lane. Then also the accused went inside the lane and came back a little later to tell his companion and Subash Chander that the condition of the wife of his companion had worsened and she had again been taken to Military Hospital, Pathankot. All of them then proceeded to Pathankot. At about 7.30 PM, when they had travelled a distance of about 1 kilometers from Ranipur in the car, the clean shaven person, who was sitting on the rear seat took out a knife and gave a blow in the abdomen of Subash Chander. He gave another blow which landed on the left hand of Subash Chander. The accused pushed Subash Chander outside the car and thereafter, both of them sped away in the car towards Madhopur. Alarm raised by Subash Chander attracted Sukhpal Singh PW6, who took him to Civil Hospital, Pathankot. Dr Som Dutt Sharma PW2 sent an intimation Ex.PB to the Police, stating therein that the condition of Subash Chander was very serious and he was being referred to Civil Hospital, Gurdaspur. On receiving the intimation, HC Prem Dass reached Civil Hospital, Pathankot and after seeking opinion from the doctor about the fitness of Subash Chander to make statement, recorded his statement Ex.PE at 9.45 PM, on the same day. On the basis of the said statement of Subash Chander, formal FIR Ex.PE/1 was registered at Police Station Sadar, Pathankot.

(3.) After registration of the case, investigation was taken up by SI Harbhajan Singh PW11, who went to the spot and prepared rough site plan Ex.PL. A naka was set up, thereafter, at Sarna Chowk. At about 10.30 PM, an ambassador car bearing No.PUJ 5674 was seen coming from the side of Madhopur. A signal was given by the police party to the driver of the car to stop, but the driver made an attempt to speed away. A chase was given by the police party, which after covering a distance of 1 kilometers from Sarna Chowk towards Gurdaspur was able to stop the car, when it turned towards the left side of the road on kacha portion. The accused and the other person came out of the car. It was revealed that the accused was driving the car at that time, whereas the clean shaven person was sitting on the rear seat. However, in the process, the clean shaven person made good his escape from the spot, whereas the accused was apprehended. The car was taken into possession. A jhola Ex.P5, containing a tiffen carrier, four cassettes and some other articles were also seized from the car. A VIP bag Ex.P4 containing a blanket, shirt and chadar etc. was also taken into possession. The accused was formally taken into custody.