SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall also dispose of connected Criminal Appeal No. 271-DB of 1997 (Smt. Kashmiro v. State of Punjab), as both these criminal appeals arise out of a judgment dated 27.1.1997 passed by learned Sessions Judge, Ferozepur, in Sessions Case No. 214 of 1994 (Sessions Trial No. 5 of 1997), holding accused-appellant Sher Singh guilty of offence under Section 302 IPC and accused-appellants Bakar Singh and Kashmiro Bai under Sections 302/34 IPC. All the three accused-appellants were sentenced to undergo RI for life with a fine of Rs. 1,000/- each in default of payment of fine, to undergo further RI for three months.

(2.) A ruqa (Ex.PF) and the FIR (Ex.PF2) were recorded on a statement (Ex.PF/1) of Jamna Bai (PW3). She is the mother of deceased Lachhman Singh. Her statement was recorded by Inspector Nagour Singh (PW8) at 10.30 AM on 6.3.1994, when he was present at Malout Chowk, Fazilka. The FIR (Ex.PF/2) was recorded at 10.35 AM on 6.3.1994 itself. A special report was sent on the same day at 2.00 PM to the concerned Judicial Magistrate. Jamna Bai (PW3) stated that she had five sons. Her two sons, namely, Lachhman Singh and Maman Singh, were married to the daughters of accused-appellant Sher Singh. Deceased Lachhman Singh was married to accused-appellant Kashmiro Bai, whereas Maman Singh was married to acquitted accused Lallo Bai. Deceased Lachhman Singh was staying in a separate house in his in-laws village for the past about 8-10 years, as he had no brother-in-law (wife's brother). On the date of incident, the mother-in-law of the deceased Jatto Bai was ill. Lallo Bai, younger daughter-in-law of the complainant, had come to her parental house for the last about 15 days. A day before the incident at about 4/5 PM, the complainant being accompanied by her younger son Maman, had come to village Salemshah to enquire about the health of Jatto Bai. At about 9.00 PM, they were talking to each other. They had already taken the meal. Deceased Lachhman Singh asked his wife accused-appellant Kashmiro Bai to accompany him to their house to sleep in the night. Kashmiro Bai expressed her reluctance saying her mother was ill, so she would not go. She wanted to stay in her parents' house only. On that count, deceased-Lachhman Singh and his wife accused Kashmiro Bai picked up a quarrel. Her younger daughter-in-law Lallo Bai (younger sister of accused Kashmiro Bai) and her grand daughter Rano Bai (daughter of deceased Lachhman Singh and accused-appellant Kashmiro Bai) also grappled with the deceased. At this stage, accused-appellant Sher Singh (the father-in-law of the deceased) got up and picked up a wooden log (balla) which was lying nearby and gave a blow on the head of the deceased, who was sitting on a cot at that time. Accused appellant Bakar Singh, who was also present there, got enraged and gave a soti (stick) blow on the left side of the head of the deceased. The deceased got up but fell down. When he was lying there accused-appellants Sher Singh and Bakar Singh gave further Soti and balla blows, hitting his neck and nose. On the intervention to rescue the deceased and on raising an alarm, accused Kashmiro Bai, wife of the deceased, gave a danda blow on his left eye, while he was lying there. On raising a further alarm "mar ditta mar ditta" (killed, killed), all the five persons, who participated in the offence, fled away from the house with their respective weapons. The complainant and her younger son Maman went near the deceased and saw him bleeding profusely from his nose. He was dead. They placed the dead body of the deceased on a cot and due to fear in the night, they remained sitting near the dead body after bolting the door from inside. In the morning, the complainant, after leaving her younger son Maman near the dead body of the deceased, set out for Police Station to lodge a report but since Inspector Nagour Singh met her on the way near Malout Chowk (crossing), her statement was recorded.

(3.) THE prosecution examined 8 witnesses. Dr. Yash Pal (PW1) was posted as EMO, Civil Hospital, Fazilka, on 6.3.1994. He conducted the post mortem on the dead body of deceased Lachhman Singh at 2.40 PM on that day. Jang Sher Bahadur (PW2) is a Draftsman. He prepared as scaled site plan (Ex.PE) with marginal notes. Jamna Bai (PW3) is an eye witness and also the author of the FIR. Maman Singh (PW4) is the younger brother of deceased Lachhman Singh and is also an eye witness. HC Jasbir Singh (PW5) and Constable Sucha (PW6), being formal witnesses, tendered their evidence on affidavits. SI Jaswant Singh (PW7) had accompanied Inspector Nagour Singh to the place of occurrence. He is also an attesting witness of the seizures. Inspector Nagour Singh, SHO, PS Kotwali, Sangrur, (PW8), is the Investigating Officer of the case.