STATE OF PUNJAB Vs. NAVJOT SINGH SIDHU

JUDGEMENT

(1.) WE will be deciding Criminal Appeal No. 645-DBA of 2000 and Criminal Miscellaneous No. 185-MA of 2000 by this common judgment, as they arise out of the same judgment/order dated 22.9.1999 of the Sessions Judge, Patiala whereby he acquitted Navjot Singh Sidhu son of Bhagwant Singh Sidhu and Rupinder Singh Sandhu son of Bhagat Singh Sandhu.

(2.) THE case of the prosecution is unfolded by the statement of Jaswinder Singh son of Pritam Singh given to SI Kaka Singh on 27.12.1988 at 2.40 p.m. at Police Station Kotwali, Patiala. Jaswinder Singh stated that he is a resident of Mandi Police Station Julkan and does agricultural work. He along with his relative Gurnam Singh had come to Patiala in regard to the marriage of his son. He and his uncle Gurnam Singh and his nephew Avtar Singh were going on Maruti car bearing No. CHI-8422 which was driven by Gurnam Singh to the State Bank of Patiala, Head Office to withdraw money. It was about 12.30 p.m. When they reached near the Crossing near Sheranwala Gate and were about to turn towards State Bank of Patiala, they saw a vehicle bearing No. PAD-6030 standing in front of them. When they started to cross this vehicle to go ahead, one Sardar i.e. Navjot Singh Sidhu, Cricket Player who was identified by him, started abusing them and used wrong words. Complainant tried to restrain him, but Navjot Singh Sidhu pulled Gurnam Singh out from his vehicle and started giving him blows. Jaswinder Singh came out to save Gurnam Singh but a clean-shaven man alighted from the vehicle standing in front of them and started giving him fist blows. Avtar Singh son of Nirbhai Singh also saw the occurrence. They took out the keys of their car and both then fled away. Jaswinder Singh and Avtar Singh put Gurnam Singh in a rickshaw and brought him to Rajindra Hospital, Patiala where the doctor after checking him declared him to be dead. Leaving Avtar Singh near the dead-body, Jaswinder Singh went to Police Station, Kotwali, where he recorded his statement. On the basis of this statement Ex.PQ, F.I.R. Ex.PQ/1 was recorded on 27.12.1988 at 1.45 p.m. and the special report was received by the Additional C.J.M., Patiala on the same day at 5.30 p.m.

(3.) LEARNED counsel for the complainant Shri R.S. Ghai, Senior Advocate and the learned State counsel Shri S.S. Randhawa, Senior D.A.G. Punjab, have argued that the judgment of the learned trial Court is perverse, unreasonable and is not based on the evidence on record. No finding has been given on the prompt registration of the F.I.R. Ex.PQ/1. The occurrence had taken place on 27.12.1988 at 12.30 p.m. It has come in evidence that injured Gurnam Singh was taken on a rickshaw to Rajindra Hospital, Patiala, which was 2 kms. away from the place of occurrence. He was declared dead by a doctor in Rajindra Hospital, Patiala. Jaswinder Singh PW-3 then went to Police Station Kotwali, Patiala, which was at a distance of 3 kms. away from Rajindra Hospital, Patiala and F.I.R. Ex.PQ/1 came into existence on 27.12.1988 at 1.45 p.m. The special report reached the Additional C.J.M. on the same day at 5.30 p.m. Before the special report reached the Additional C.J.M., the post-mortem on the dead of the deceased had been conducted at 4.30 p.m. and the inquest report Ex.PH had been prepared. The F.I.R. number and statements of both the eye-witnesses, Jaswinder Singh PW-3 and Avtar Singh PW-4 were recorded in the inquest report and they are the ones who identified the body at 1.45 p.m. There is no delay in lodging of the F.I.R. Ex.PQ/1. This itself goes a long way in proving the case of the prosecution.