BIKKAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall decide the above mentioned two appeals filed by Bikkar Singh son of Harnam Singh and the other filed by Dalip Singh son of Gurdial Singh. Both the appellants were accused in one FIR No. 139 of 04.07.2000 under Sec. 307/506 read with Sec. 34 of the IPC. As accused Dalip Singh was declared proclaimed offender at the time accused Bikkar Singh faced trial, therefore, the learned trial Court had to record separate judgments regarding both the accused. In fact, Dalip Singh was arrested after the decision of the case of appellant -accused Bikkar Singh. Vide judgment dated 08.10.2003 rendered by learned Additional Sessions Judge, Sangrur, accused -appellant was held guilty for committing offence punishable under Sec. 307, 324, 506/34 of the IPC and was sentenced to undergo rigorous imprisonment for a period of six years and a fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for six months for committing offence punishable under Sec. 307 IPC; to undergo rigorous imprisonment for one year for committing offence punishable under Sec. 324 IPC and to undergo rigorous imprisonment for a period of six months for committing offence punishable under Sec. 506 IPC. All the sentences were ordered to run concurrently. However, vide judgment dated 11.08.2009, rendered by learned Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur, appellant -accused Dalip Singh was held guilty for committing offence punishable under Ss. 307/506 IPC. Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for six months for committing offence under Sec. 307 IPC; to undergo rigorous imprisonment for six months for committing offence under Sec. 506 IPC. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are like this; that on 04.07.2000, on receipt of wireless message from SHO, Police Station -Malerkotla, ASI Ashwani Kumar, Incharge Police Post -Sandhaur had gone to Civil Hospital, Malerkotla. The wireless message was about admission of Mohd. Ismail in Civil Hospital, Malerkotla after sustaining injuries at the hands of accused Bikkar Singh and Dalip Singh. From there, he was referred to Rajindera Hospital, Patiala. However, he was admitted to New DMC, Ludhiana. On reaching there, application Ex. PO, was moved to the doctor to know as to if injured Mohd. Ismail was fit to make statement, whereupon, the doctor gave his opinion, Ex. PO/1, that the victim was unfit to make statement. Thereafter statement of Paramjit Singh was recorded as Ex. PP and the same was sent to police station for registration of the case, whereupon formal FIR Ex. PP/2 was registered. Site plan of the spot was prepared as Ex. PQ. Blood stained earth from the spot was lifted and made into a parcel. The same was sealed with the seal of 'AK' and was taken into possession, vide memo Ex. PR.

(3.) On receipt of MLR of victim Mohd. Ismail by ASI Ashwani Kumar, he came to know that he had sustained 17 injuries in all. In the MLR, it was recorded that the nature and extent of injuries would be declared later on. Paramjit Singh, in his statement Ex. PP, asserted that Mohd. Ismail was employed with him as a servant. During night of 03.07.2000, at about 10.00 pm, Mohd. Ismail was sleeping on the roof of the electric motor tube -well whereas he himself was sleeping outside the electric motor room. Suddenly, he heard Mohd. Ismail shouting "Maarta Maarta". On hearing his shrieks, he got up and saw Dalip Singh son of Gurdial Singh (accused) armed with dagger in his right hand accompanied by Bikkar Singh son of Harnam Singh armed with knife in his right hand inflicting blows with their respective weapons on the body of Mohd. Ismail. As a result, he was seriously injured. He raised hue and cry and asked the assailants not to inflict injuries on the person of Mohd. Ismail. Taking benefit of dark night, Dalip Singh and Bikkar Singh succeeded in making good their escape stating that 'that day Mohd. Ismail was saved and in case he did not stop working with Paramjit Singh, he will be done to death'. Complainant further alleged that Dalip Singh and Bikkar Singh have attacked his servant with an intention to kill him. Mohd. Ismail became unconscious on account of injuries suffered by him. As such, after arranging some vehicle, he was taken to Civil Hospital, Malerkotla where he was got admitted. As the condition of Mohd. Ismail deteriorated, he was taken to New DMC, Ludhiana where he remained under treatment. The motive behind the attack was given like this that Bikkar Singh wanted to employ Mohd. Ismail as servant with him but on refusal of the victim, Bikkar Singh and Dalip Singh, with common intention to kill, attacked Mohd. Ismail.