DHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE first appellant Dhir Singh who faced the charge under Section 302, Indian Penal Code, and second and third accused Karaj Singh and Palwinder Singh who faced the charge under Section 302, read with S. 34, Indian Penal Code, for the murder of Joginder Singh were accordingly convicted and sentenced to imprisonment for life, to pay a fine of Rs. 2,000/ - and in default to further undergo rigorous imprisonment for six months by the learned Sessions Judge, Amritsar, vide his judgement dated 10th March, 1993. Aggrieved by the same, the appellants have come forward with this appeal.

(2.) THE case of the prosecution is as follows: On 13.12.91 at about 5.30/6.00 P.M., Joginder Singh (deceased), Tarsem Singh (P.W.2) and Sohil Singh (P.W. 1) had gone to Village Sangatpura to procure labour for harvesting. When they reached near the Gurdwara, the accused/appellants -Karaj Singh armed with a dang, Dhir Singh and Palwinder Singh armed with a gandasi each, came from the opposite direction. Accused Karaj Singh exhorted the other accused. Tarseni Singh who were bare handed, fled away and the accused caught gandasi to Joginder Singh which fell on his head. Joginder Singh fell down. Accused Palwinder Singh gave a blow with his gandasi to Joginder Singh which hit him on the shin of the left leg. Accused Karaj Singh gave two/three blows with his dang on the waist of Joginder Singh. Sohil Singh PW raised alarm on hearing which Dhir Singh and Bachan Singh reached the spot. Accused fled away with their weapons.

(3.) AFTER arranging a tractor trolley, Tarsem Singh, Bachan Singh Lambardar and Sohil Singh PWs removed Joginder Singh to the hospital, who was in an unconscious condition, but he died on the way. They did not lodge a report on that night, but took the body to their house. On the next day, i.e., 14.12.91, Sohil Singh PW was going to the police station to lodge a report and met Sub Inspector Rajinder Singh near the canal minor Sangatpura. Sohil Singh PW gave a statement (Ex. PM) to the Sub Inspector which was recorded by him at 8.20 A.M. on 14.12.91. But, before the Sessions Court, Sohil Singh (P.W.1) (whose statement formed the basis for the F.I.R.). Bachan Singh and Dhir Singh (P.Ws. 3 and 4), who are alleged to have been attracted to the scene of occurrence on the alarm raised by Sohil Singh (P.W. 1), and Swinder Singh (P.W. 13) who is alleged to have been informed about the occurrence immediately thereafter, have all turned hostile and have not supported the case of the prosecution. So, from among the alleged eye -witnesses we are left with the evidence of Tarsem Singh (P.W.2) who is the son of the deceased Joginder Singh.