STATE OF PUNJAB Vs. ANGREZ SINGH

JUDGEMENT

(1.) Avinash Chander P.W. 4 and Subhash Chander P.W. 5 residents of village Rukna Bodla, are the sons of Milkh Raj deceased. Angrez Singh and Surjit Singh accused of the same village are brothers. Surinder Singh and Mohinder Singh accused are the sons of Surjit Singh accused. The lands of Milkh Raj deceased and the accused are situated close to each other in the area of village Rukna Bodla. The deceased and the accused have installed tube-wells in their respective fields. Both the tube-wells get electric energy from the same feeder. As the voltage usually remained low Milkh Raj and the accused had fixed capacitators to boost the voltage of the electric current. It is stated by the prosecution that if one tube-well is worked then the voltage becomes low and the second tube-well on the same line cannot be operated.

(2.) On 23.6.1983, Milkh Raj deceased, Avinash Chander P.W. 4 and Subhash Chander P.W. 5 were hoeing chilly crop in their field. At about 10.30 a.m. Avinash Chander P.W.4, Subhash Chander P.W. 5 and the deceased felt thirsty and went to their tube-well, which was running to drink water. After they bad taken water, Angrez Singh and Surjit Singh accused armed with spades, Surinder Singh armed with Gandasa and Mohinder Singh armed with a stick came from their tube-well to the tube-well of the deceased. The accused shouted that they would teach Milkh Raj and his sons a lesson for not allowing their tube-well to work. Surinder Singh and Mohinder Singh accused threw Avinash Chander P.W. 4 on the ground. Surinder Singh accused gave a Gandasa blow from the reverse side on his back and Mohinder Singh accused gave a stick blow on his buttocks. Surinder Singh accused then gave three Gandasa blows on his head. Milkh Raj deceased and Subhash Chander P.W. 5 stepped forward to help him. Angrez Singh accused caught bold Milkh Raj from the scrotum and pressed it. Surjit Singh accused gave a spade injury on the head of Milkh Raj from the reverse side. Milkh Raj then fell down. Mohinder Singh accused gave a stick blow on the left knee of Milkh Raj. Surinder Singh accused gave two Gandasa blows to Subhash Chander P.W. 5 on the right arm and right leg. The witnesses raised alarm at which Darshan Lal P.W. 7 uncle of Avinash Chander P.W. 4 and Jagtar Singh P.W.6 came there. They also raised alarm on which the accused ran away.

(3.) Milkh Raj was brought to the outskirts of the village from where he and the injured witnesses were removed to the Primary Health Centre, Guruharsahai, where Dr. M.L. Narang P.W. 1 on 23.6 1983 at 2.45 p.m. conducted medico-legal examination of Milkh Raj deceased. The doctor found a lacerated wound 3cm x 1.4cm skin deep on the left side of the head. The wound bled on cleaning. The doctor also found a reddish contusion 3 cm x 11/2 cm on the medial side of the left knee joint. There was slight swelling around it. The attendant of Milkh Raj gave to the doctor the history of the injury to the scrotum. On examination the doctor did not find any external mark of violence on the scrotum. Milkh Raj was semi conscious and irritable at that time. Pupils, however, reacted to light. The injuries were the result of blunt weapon and had been caused within six hours preceding the examination. On the same at 3.15 p.m. the same doctor on medico-legal examination of Avinash Chander P.W. 4 found two lacerated wounds on the left side of the head. The doctor found ten reddish contusions on the top of the left shoulder, back and upper part of the left chest, lower part of the back of the right chest, left hip, left gluteal region and left forearm. Except the incised wound on the left side of head which had been caused by a sharp-edged weapon, the rest of the injuries on the person of Avinash Chander P.W. 4 were the result of blunt weapon. The duration of the injuries was within six hours preceding the examination. On the same day, the same doctor at 4.30 p.m. on medical examination of Subhash Chander P.W. 5 found two incised wounds on the right forearm and right leg. The injuries had been caused with a sharp-edged weapon and their duration was within six hours preceding the examination. On the same day, the same doctor at 5.20 p.m. on medico legal examination of Surjit Singh accused found a diffused swelling on the lateral surface of right ankle joint, an incised wound on the lateral surface of right leg 3 cm above the lateral melleolous and a reddish contusion on the leftT elbow joint. The incised wound was the result of a sharp edged weapon and the rest of the injuries had been caused with a blunt weapon. The duration of the injuries was within six hours preceding the examination. On the same day the same doctor at 5.50 p.m. on medico legal examination of Angrez Singh accused found two incised wounds on the dorsal surface of junction of proximal and middle phalaynx of little finger of left hand. The doctor also found a reddish contusion on right upper arm. The incised wound had been caused with a sharp edged weapon and the contusions were the result of a blunt weapon. The duration of the injuries was within six hours preceding the examination. Dr. M.L. Narang P.W. 1 sent the medico legal reports of the injured to the Police Station, Guruharsahai. Shamsher Jang Babadur Assistant Sub-Inspector P.W. 9 went to the Primary Health Centre, Guruharsahai and recorded the statement of Avinash Chander P.W. 4 at 6.40 p.m. on 23.6.1983. On the basis of this statement, first information report was registered at the police station.