SHAM SINGH ALIAS BITU Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) Criminal Appeal Nos. 289-DB of 1997 and 394-DB of 1997 shall be decided by a common Judgment as they arise from the same order rendered by the Additional Sessions Judge, Chandigarh.

(2.) Additional Sessions Judge, Chandigarh convicted Sham Singh alias Bitu under Sub-section 302/34 Indian Penal Code and sentenced him to undergo R.I. for life. He was further directed to pay a fine of Rs. 250.00. In default of payment of fine, to undergo RI for one month. Surinder Kumar s/o Dharam Chand was convicted under Sec. 302 Indian Penal Code and sentenced to undergo imprisonment for life. He was directed to pay a fine of Rs. 1000.00. In default of payment of fine, to undergo RI for three months. We will be deciding both the criminal appeals i.e. CRA No 289-DB and CRA No. 394-DB of 1997 only as Bhupinder Singh alias Bhupi accused has not faced trial, because at the very outset, he fled away and was later declared a proclaimed offender.

(3.) Mohinder Singh son of Chattar Singh made statement (Ex. PL), to Ishwar Singh SI/Incharge of Police Post, Sector 22, Chandigarh at General Hospital Sector 16, Chandigarh at 6.10 A.M. on 8.12.1992 to the effect that he lives with his parents and he is working in CITCO Yatri Niwas, Sector 24, Chandigarh as Salesman. On 7.12.1992, he had gone to attend a reception party of the marriage of his friend Ajay Kumar, who also lived in Sector 22, Chandigarh. When he reached the Pandal, which had been erected near the house of Virinder Pal alias Lovely, he met Roop Chand, Dimpel and Ajay Singh besides Surinder Pal alias Kala. At about 9.45 P.M. Surinder Kumar alias Tukka and Bhupinder Singh alias Bhupi also reached the Pandal and sat next to them. All of them had taken some drink Virinder Pal lit a cigarette and after smoking it, he threw the end of the cigarette Surinder Kumar alias Tukka did not like this and asked Virinder Pal as to since when had he become a Dada (Badmash). He further stated, that he (Surinder Kumar alias Tukka) was the Dada (Badmash) of the place. Tukka abused Virinder Pal and both started grappling with each other. Mohinder Singh along with the others separated them and both of them then went away. Tukka and Bhupi, while leaving the Pandal threatenea Virinder Pal that he would be taught a lesson, on some other occasion. Thereafter, Virinder Pal also went away to his house. At about 1.30 A.M., Surinder Kumar alias Tukka and Bhupinder alias Bhupi reached the Pandal with Virinder Kumar. Virinder Kumar told them in the Pandal that Tukka and Bhupi had brought him from his residence, forcibly. Surinder Kumar alias Tukka thereafter hit Virinder Pal with his left foot, on his face. Mohinder Singh and Surinder Pal alias Kala and Ajay Singh took ill of it. Surinder Pal alias Kala told Tukka and Bhupi that they were spoiling the reception party and they should leave the Pandal, or they would be thrown out. On this, Surinder alias Tukka and Bhupi left the Pandal. At about 2 AM. after all the guests in the Pandal had left, Mohinder Singh along with Surinder Pal alias Kala, Tilak Raj, Roop Lal and Ajay Singh were present in the Pandal, in the meantime, Surinder alias Tukka and Bhrpinder Singh alias Bhupi dame there, with hockey sticks and iron rods. On entering the Pandal, Bhupinder Singh alias Bhupi gave a blow with an iron rod hitting Mohinder Singh Mohinder Singh raised his left arm to ward off the blow. Sham Singh alias Bittu gave a hockey blow on the person of Tilak Raj. The blow did not hit Tilak Raj and he was saved. Surinder Pal alias Kala ran towards the side of Shishu Niketan School out of fear Surinder alias Tukka, Sham Singh alias Bittu and Bhupinder Singh alias Bhupi ran after Surinder Pal alias Kala and caught hold of him near the Rehri Market of Sector 22. Mohinder Singh along with others also went there to save Surinder Pal alias Kala. Surinder alias Tukka then pulled out a knife from the pocket of his pant and gave a blow on the right side of the neck of Surinder Pal alias Kala. Surinder Pal alias Kala fell down, after receiving the knife blow, blood started oozing out of the wound. All the assailants i.e. Surinder Pal alias Tukka, Bhupinder alias Bhupi and Sham Singh alias Bittu fled away with their respective weapons from the spot. Thereafter, Mohinder Singh with the help of Roop Lal brought Surinder Pal alias Kala to the General Hospital, on a scooter. He was declared dead by the doctor. The motive for the commission of the offence is that, Mohinder Singh and Surinder Pal alias Kala made Surinder alias Tukka and Bhupinder alias Bhupi to go away from the Pandal. They took ill of this. On the basis of the statement (Ex. PL), FIR (Ex. PL/1) was recorded on 8.12.1992 at 6.20 A.M. Special report reached the C.J.M. Chandigarh on 8.12.1992 at 9 A.M.