GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURBAX Singh son of Kartar Singh son of Hari Singh resident of village Khanpur Gande and his relation Rachna son of Rulia (acquitted by the learned Sessions Judge) resident of village Dhangerian faced trial under Section 302 read with Section 34 I.P.C., on the allegations that on 25.8.1990, in village Jakhran, both the accused in furtherance of their common intention, committed the murder of Jagtar Singh and thereby allegedly committed an offence punishable under Section 302 read with Section 34 I.P.C. The learned Sessions Judge, Patiala vide his judgement/order dated 2.11.1993, sentenced accused Gurbax Singh to undergo imprisonment for life and to pay a fine of Rs. 200/-. In default of payment of fine, he was ordered to undergo further R.I. for a period of one year. Hence this appeal by Gurbax Singh.

(2.) THE prosecution story which emerged at the trial is that on 25.8.1990, Harmesh Singh, whose father's land adjoins to the land of Gurdev Singh P.W.1, maternal uncle of Jagtar Singh deceased, went to his fields in the area of village Jakhran, where Jagtar Singh met this witness. At about 11.00 a.m., Gurbax Singh and Rachna accused also came there. Kulbir Singh is the son of Gurdev Singh (PW-1) and he was also present in the fields of his father, but at some distance where Jagtar Singh, Harmesh Singh, Gurbax Singh (accused) and Rachna (accused) met each other. All of them, i.e. four decided to take liquor by sitting near the fields and by the side of Bhakra canal. Gurbax Singh accused asked Jagtar Singh deceased to arrange country made liquor while Harmesh Singh was suggested to bring ice and soda-water. Both the accused along with Harmesh Singh (PW-2) and Jagtar Singh deceased started consuming liquor. After 1 hours, Jagtar Singh deceased again arranged more liquor and this liquor was also being consumed though Kulbir Singh son of Gurdev Singh (PW-1) remained present at some distance in his fields, but he did not share the drinking-party being enjoyed by Gurbax Singh, Rachna, Jagtar Singh and Harmesh Singh. In the meanwhile, Harmesh Singh (PW-2) was again suggested to bring more soda and ice and when he had hardly gone upto a distance of 10 karams, Gurbax Singh and Rachna gave an injury on the left side of the head of Jagtar Singh. On hearing the noise of Jagtar Singh, Kulbir Singh son of Gurdev Singh (PW-1) challenged the accused. In the meanwhile, Harmesh Singh (PW-2) also retraced his steps and asked the accused as to why they were causing harm to Jagtar Singh. In the presence of Harmesh Singh and Kulbir Singh, both the accused threw Jagtar Singh deceased into the Bhakra canal. The version of Harmesh Singh further is that when Jagtar Singh had gone to the village in order to arrange the liquor, Gurbax Singh accused enquired from the former as to whether the police would implicate a person if a person dies by drowning. Harmesh Singh (PW-2) told Gurbax Singh accused that he could not answer to the question as he was not Law Graduate. The story of the prosecution further proceeds that Kulbir Singh tried to save the deceased from the canal by throwing his turban, but Jagtar Singh submerged in the water and died. Thereafter, Gurbax Singh accused picked up a 'kasi' of Kulbir Singh and chased Kulbir Singh, Harmesh Singh in order to frighten them. They managed their safety from the place of occurrence and came to the village of Gurdev Singh and occurrence and was told to him by Harmesh Singh in the presence of Kulbir Singh.

(3.) ON being informed about the murder of Jagtar Singh, Gurdev Singh (PW-1), who is the maternal uncle of the deceased and in whose house the deceased was brought up, went to police station with respectables of village Jakhran and a report was lodged with the police which recorded Ex.PD, D.D.R. of Gurdev Singh. According to this witness P.W.1 Gurdev Singh, his statement was recorded on a rough paper by the Munshi inspite of the request made by Gurdev Singh and his companions to the Thanedar that formal F.I.R. should be recorded, but the Thanedar did not record the F.I.R. Rather he started reprimanding Gurdev Singh. Gurdev Singh also alleges that the Thanedar did not record the whole statement. Though the report Ex.PA was read out to him, but he could not follow it on account of the death of Jagtar Singh, his Bhanja. Since he was not satisfied with the move of the police, he filed an application Ex.PB before the Senior Superintendent of Police. The initial investigation of this case was taken up by S.I. Kaka Singh P.W.8, who was posted as Additional S.H.O., Police Station Sadar, Rajpura on 25.8.1990. He recorded the D.D.R. No. 29 Ex.PA (also exhibited as Ex.PA/1). On 30.8.1990, the dead-body of Jagtar was found from Bhakra canal in the revenue estate of Ganda Kheri. It was found floating near the bridge of Bhakra canal in the revenue limits of Ganda Kheri. S.I. Kaka Singh prepared inquest Report Ex.PC in the presence of Labh Singh and Gurdev Singh who attested the same. He drafted Ex.PD/1, the request for post-mortem examination and the dead-body was handed over to Constable Harnek Singh for post-mortem examination.