BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants Balbir Singh and Gurmit Singh were accused 2 and 1 respectively before the Sessions Judge, Ferozepur in Sessions Case No. 18 of 1992 decided on 5-12- 1994. They stood charged under Section 302 read with Section 34 of IPC and were accordingly convicted and sentenced to undergo imprisonment for life to pay a fine of Rs. 50 ()/- each, and in default to further undergo Rigorous Imprisonment for three months, against which they have come forward in this appeal.

(2.) THE case of the prosecution is as follows :on the morning of 26-10-1991 Darshan Singh (deceased) had gone to the fields fordoing his work. At about 8 A. M. Parkash Kaur (his daughter) accompanied by her maternal uncle-Avtar Singh, who had on that day visited their house, went to the field with Tea for Darshan Singh. When they reached near the fields, the appellants Gurmit Singh and Balbir Singh, armed with a Sota each, were abusing Darshan Singh and Balbir Singh gave a blow with the sota on the head of Darshan Singh, who fell down. As per the version in the FIR Balbir Singh and Gurmit Singh continued to beat Darshan Singh with Sota, while he was lying on the ground, and Gurmit Singh sat on the chest of Darshan Singh and challenged him to get up. Parkash Kaur and Avtar Singh who were standing at a distance raised alarm, and the appellants ran away with the Sota. Parkash Kaur and Avtar Singh went near Darshan Singh, found him lying unconscious, and took Darshan Singh to their house. Then they along with some others, took injured Darshan Singh in a bullock cart to the Hospital at Lohian where they refused to admit and treat the injured. As per the version found in the FIR, they thereafter removed him to wards Jalandhar but while on the way to Jalandhar, Darshan Singh died because of the injuries, and they brought him back to the house. On 27-10-1991 Parkash Kaur lodged the report at the Police Station, Lohian. The police from that station came and visited the scene of occurrence and informed that it was within the jurisdiction of Police Station Makhu and also told that they will inform police station, Makhu.

(3.) ACCORDING to her, appellant-Gurmit Singh first gave a temba blow on the head of Darshan Singh and Darshan Singh fell down. She also stated that Darshan Singh was given more blows with the Tamba while he was lying on the ground. She further stated that when they raised alarm both the accused ran away with their tambas. According to Parkash Kaur (PW 2) her father-Darshan- Singh became unconscious and at first, they took Darshan Singh to their house and thereafter to Hospital, at Lohian, in a Bullock Cart, Where the doctor told them that he should be taken to Jalandhar as his condition Was critical. Parkash Kaur further stated that on the way to Jalandhar, Darshan Singh expired and they brought his body back to their housed that since it had already become dark, they did not go to the police that night due to fear and on the next day they went to the Police Station, Lohian, who told them that the case was within the jurisdiction of Police Station Makhu. She stated that her statement (Ex. PD) was recorded by the Police of Makhu Police Station. According to her the appellants had murdered her father due to the dispute over the boundary of the fields.