SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Satnam Singh @ Sata against the judgment of conviction and order of sentence dated 27.04.2010 passed by the learned Additional Sessions Judge, Amritsar whereby the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC' - for short) for committing the murder of Baljit Singh and he has been sentenced to undergo life imprisonment; besides, pay a fine of Rs. 5,000/ - (Rupee five thousand) and in default thereof, undergo further rigorous imprisonment for six months.

(2.) FIR (Ex. PA/2) was registered on the statement of Khushpal Singh (PW1), brother of the deceased Baljit Singh. According to the complainant, he was resident of Mohalla Hari Pura, Police Station Islamabad, District Amritsar and was running a private milk dairy. He had five brothers and one sister, who were all married. Before the milk dairy was shifted out of the town, he was doing the business of sale of fodder at Niyawala 'Mor'. Satnam @ Sata -appellant was purchasing fodder from them for which he had to make payment to the complainant -Khushpal Singh. On the fateful day of incident, i.e. on 09.05.2005 at about 10:30 p.m., Baljit Singh (deceased in the case), brother of the complainant, was going towards Niyawala 'Mor' for demanding the money from Satnam @ Sata -appellant. In the meantime, near Niyawala 'Mor', Satnam @ Sata -appellant along with two -three boys met his brother. At that time, Satnam @ Sata -appellant was holding a 'kirpan' in his hand and was raising a noise. The complainant (Khushpal Singh PW1) and his brother Surinderjit Singh (PW2) were also going towards Niyawala 'Mor' and were taking a walk. In the meantime, Rajinder Kumar (who has not been examined) also accompanied them. On hearing a hue and cry and on seeing Satnam @ Sata -appellant and his associates shouting, they went towards them. On their side, i.e. the side of the accused, a boy was standing near Satnam @ Sata -appellant. The said boy worked at the shop of Dilbag Sounds Service. He raised a 'lalkara' to catch hold and teach a lesson to Baljit Singh (deceased) for demanding the money. In the meantime, Satnam @ Sata -appellant, who was holding a 'kirpan' in his right hand, inflicted a 'kirpan' blow on Baljit Singh, brother of the complainant. Baljit Singh fell down on the ground and blood started oozing from the injury that was inflicted. The complainant, his brother -Surinderjit Singh and also Rajinder Kumar raised an alarm. On hearing which the accused fled from the spot. They arranged a vehicle and got Baljit Singh admitted at Guru Nanak Dev Hospital, Amritsar where he remained under treatment. Till the time of lodging of the report, no opinion of the doctor was given. On meeting Pritpal Singh ASI, In -charge, Police Post Gurbax Nagar, Amritsar, the complainant had got his statement recorded which was heard and accepted as correct.

(3.) ASI Pritpal Singh, In -charge, Police Post Gurbax Nagar, Amritsar (PW4) recorded police proceedings to the effect that on 10.05.2015, he along with other police officials were present at T -point Bakar Mandi in connection with patrolling and checking. An information was received there that Baljit Singh son of Pritam Singh, resident of Chhota Haripura, Niyawala 'Mor' was admitted in an injured condition at Guru Nanak Dev Hospital, Amritsar. ASI Pritpal Singh along with his other companions reached the hospital and obtained a written opinion from the doctor. The doctor opined that the injured was unfit to make a statement. Khushpal Singh (PW1), who was an eyewitness and present in the hospital, approached ASI Pritpal Singh and got his statement recorded which was read over to him and he signed the same in Punjabi after admitting it to be correct, which was attested by ASI Pritpal Singh. From the statement of the complainant, an offence under Sec. 324/34 IPC was made out. The statement was sent to the police station through Constable Rajinder Kumar for registration of a case. The case number was asked to be informed after registration of the case. After receipt of doctor's opinion, action would be taken as to whether the offence was to be enhanced. The control -room was asked to be informed through wireless. ASI Pritpal Singh along with his other companions were busy in the investigation. The writing was received at the police station and the FIR was registered on the basis of the same.