SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal by Surjit Singh who was convicted and sentenced under Section 302 I.P.C. by learned Sessions Judge, Faridkot vide judgment dated 30.1.1993.

(2.) GULU , deceased was brother of Dhola Singh, PW -6. He was a labourer and was engaged in cultivation work. He was residing in village Ghumiara in district Faridkot. On 30.11.1991 at about 6 p.m. when Dhola Singh, PW -6 was going to the house of Darshan Singh of his Village to enquire about the availability of tractor for ploughing his land and was a little behind from the house of Bihari Lal of his village, Gulu deceased came out of the house of Bihari Lal. In the meantime, Surjit Singh accused armed with a gandasa came from the opposite side and immediately after coming there, he raised a lalkara saying today he will teach him a lesson for getting his pistol recovered by the Police. In the meantime, Deep Chand son of Bihari Lal Mahajan also came at his door. Surjit Singh again said that he will see who could save him and saying this he gave a gandasa blow from sharp side on the head of his brother Gulu who raised his right arm to ward off the attack. The gandasa blow hit on the right arm of Gulu from sharp side. Surjit Singh gave another gandasa blow to Gulu which hit on the side of his forehead. On receipt of these injuries, Gulu fell down. While he was lying fallen, accused Surjit Singh gave one more gandasa blow to his brother, which landed on his right ear from the sharp side. Gulu raised alarm of Maarta maarta (killed, killed) whereupon Deep Chand and Dhola Singh, brother of deceased raised alarm Na maar, Na maar (don't kill, don't kill). The accused gave three successive blows one after the other hitting on his right calf, right thigh and slightly below the shoulder and thereafter ran away with the gandasa. At that time electric light was on in the courtyard of the house of Deep Chand, which falls in the street. The motive for the occurrence is that Surjit Singh accused had suspicion that the deceased had got recovered his pistol by the police. Dhola Singh, PW -6 remained near his brother who was gasping for breath and sent the chowkidar to get the report lodged about the occurrence. After the arrival of Deep Chand, Dhola Singh, PW -6 arranged for a tractor -trolley and removed the deceased to Civil Hospital, Malout, but he died on the way.

(3.) DR . Gurdip Singh Bhullar, PW -3 on arrival of the dead body of Gulu deceased on 30.11.1991 in the Civil Hospital, Malout (at 9.20 p.m), sent an intimation to the S.H.O., P.S. City Malout Ext.PE.