BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 8.11.2002 of the Additional Sessions Judge, Mansa whereby he convicted appellants Baljinder Singh, Harvinder Singh, Harjinder Singh, Hakam Singh, Baldev Singh, Gurcharan Singh, Satgur Singh and Kewal Singh under Section 302 read with Sections 148/149 IPC and sentenced them to undergo various terms of imprisonment.

(2.) The prosecution case is unfolded by the statement Ex.PL of Kuldip Singh, given to ASI Surjit Singh at Civil Hospital, Mansa. Kuldip Singh stated, that he is a resident of village Samaon. He does agricultural work and is Matric pass. He has a younger brother named Bhinder Singh, who is studying in 8th class. About one year back, Kuldip Singh's marriage was solemnized by Baldev Singh son of Inder Singh with his wife's real sister (Sali) Daljit Kaur daughter of Hakam Singh. Kuldip Singh and his wife used to visit the house of his mediator Baldev Singh. This was objected to by Kuldip Singh's father. Due to this reason, a quarrel broke out in the house of Kuldip Singh. On 18.12.1999 Gurmit Kaur, mother of Kuldip Singh and Bhinder Singh younger brother of Kuldip Singh had gone to Kuldip Singh's maternal grand-parents house at village Namol. In the house at Samaon, Kuldip Singh, his wife Daljit Kaur, his father Amarjit Singh and his grand-mother Gurdial Kaur were present. After taking meals, Kuldip Singh and his wife went to the Baithak. Kuldip Singh's father and his grand-mother were lying in the verandah of their house. At about 9.30 P.M. Harjinder Singh (Daljit Kaur's brother), Harvinder Singh and Baljinder Singh sons of Hakam Singh, residents of Khumber got opened their gate by giving a call. Baldev Singh his mediator was also with them. They came in the house and asked for food. Kuldip Singh along with his wife went to the verandah to arrange food. As there was power failure, an earthen lamp was on. Kuldip Singh's brother-in-law paid respect to the father of Kuldip Singh and his grand-mother by saying "Sat Sri Akal". Kuldip Singh went inside to fetch a cot and in the meanwhile Baljinder Singh took out Kasoli and hit Amarjit Singh on the head, while he was lying on the cot. The blow hit him above his right eye in the head, from its sharp side. Thereafter, Kuldip Singh's brother-in-law Harjinder Singh and his mediator Baldev Singh caught hold of Kuldip Singh. Harvinder Singh took out a Kasoli and hit Amarjit Singh on the forehead from its sharp side. Baldev Singh gave a gandasa blow to Amarjit Singh, which hit him on the rear side, on the dorsum of his left hand. Kuldip Singh's father-in-law Hakam Singh, Gurcharan Singh, Satgur Singh and Kewal Singh, who were standing in the street, exhorted the assailants to hit Amarjit Singh. On hearing the noise, Kuldip Singh's uncle Joginder Singh and his neighbour Ran Singh came to the spot. Amarjit Singh was taken in a tractor-trolly to Civil Hospital, Bhikhi and thereafter he was referred to Civil Hospital, Mansa. It was a moonlit night. The cause of grudge, is that the assailants, who were relatives of Kuldip Singh, were suspecting that Kuldip Singh's father Amarjit Singh used to harass Kuldip Singh and his wife Daljit Kaur.

(3.) On the basis of this statement Ex.PL, FIR Ex.PL/2 was recorded on 20.12.1999 at about 10.40 A.M. Special report reached the Illaqa Magistrate on 21.12.1999 at 10.05 A.M. Initially a case under Sections 323, 324, 148 and 149 IPC was registered. Amarjit Singh the father of the complainant died on 30.12.1999 at Daya Nand Medical College and Hospital, Ludhiana (hereinafter referred to as "D.M.C.Ludhiana") and Section 302 IPC was added. Prosecution to prove its case brought into the witness box Dr.Vipan Goyal as PW1, Dr.Satpal Bansal as PW2, Dr.Pushpinder Kumar as PW3, Kuldip Singh as PW4, Gurdial Kaur as PW5, Dr.Charanjit Singh as PW6, Dr.Bikramjit Singh as PW7, Dr.R.K.Kaushal as PW8, Dr.Gurdarshan Singh as PW9, CII Baljit Singh as PW10, HC Shivji Ram as PW11, ASI Surjit Singh as PW12, SI Sulakhan Singh as PW13, ASI Surjit Singh as PW14, Dr.Mandeep Singh Bhangu as PW15 and Kesar Singh Inspector as PW16. Shri T.S.Sangha and Shri A.P.S.Deol, learned counsels for the appellants have argued that there is an unexplained delay of 36 hours in lodging of the FIR Ex.PL/2. Occurrence had taken place on 18.12.1999 at 9.30 P.M. Statement of Kuldip Singh was recorded on 20.12.1999 at 10.40 A.M. at Civil Hospital, Mansa. Deceased Amarjit Singh was no other person than the father of Kuldip Singh PW4. In the natural cause of event, Kuldip Singh PW4 would have first taken his father to the hospital and thereafter would have gone to Police Station Bhikhi, which was only 1-1/2 KM away from the place of occurrence. Civil Hospital, Mansa and Police Station Bhikhi are hardly at a distance of 500 yards. Kuldip Singh PW4 in his testimony has stated that he went to visit his father on 19.12.1999 and 20.12.1999. He did not take his father to the hospital, but it was Joginder Singh his uncle, who took him to the hospital and had admitted him there.