STATE OF PUNJAB Vs. DARSHAN SINGH

JUDGEMENT

(1.) By this order we propose to dispose of Crl. Appeal No. 52-DBA of 1991 preferred by the State of Punjab as also Criminal Revision No. 513 of 1990 preferred by Gurdev Singh son of Arjan Singh as both, the appeal and revision, have been filed challenging the order of Additional Sessions Judge, Patiala, dated February 21, 1990 vide which all the accused were acquitted of the charge framed against them under Sections 302/324/323/149, I.P.C.

(2.) Brief facts of the case reveal that on June 21, 1986 at 11.15 p.m. Gurvev Singh P.W. 7, as injured eye witness of the occurrence, got his statement recorded to Gurdip Singh, ASI, Police Station Sadar Nabha, wherein he stated that he was resident of Gobindgarh Channa and was doing cultivation. At about 7.30 p.m. on that day, he along with his brother Bhinder Singh, Gurcharan Singh and mother Kako, was irrigating his field. In the adjoining field, Darshan Singh, Pargat Singh, Sukhdev Singh and Nachhattar Singh sons of Sarwan Singh were preparing their field with the help of tractor for paddy plantation. When Sukhdev Singh was preparing the field with the tractor, he dismantled their water channel with the tractor. At this, his brother Bhinder Singh asked them as to why they had dismantled their water course. There upon, Darshan Singh, armed with a knife, Pargat Singh armed with a SUA, Nachhattar Singh armed with a gandasa, Sukhdev Singh, armed with a Gandasa, Bant Kaur armed with a Soti, Surjit Kaur wife of Pargat Singh, armed with a Soti and Gurbax Singh son of Surjan Singh armed with a Soti came out of their kotha situated in the field. Immediately on reaching there, Gurbax Singh raised a lalkara that they should not be allowed to go scot free that day. In the meantime, Darshan Singh, gave two knife blows on the left flank of his brother Bhinder Singh, who fell down. While Bhinder Singh was lying fallen, Pargat Singh gave him two SUA blows hitting him on his back and Bant Kaur gave him Soti blows, Nachhattar Singh gave gandasa blows hitting his mother Kako on her head while wife of Pargat Singh gave Soti blows to his mother on her right arm. His mother fell down on his brother Bhinder. Then Bant Kaur gave her more Soti blows. His brother Gurcharan Singh stepped forward to save them. Then Sukhdev Singh gave him gandasa blows hitting him on his head, resulting into his fall. While he was lying fallen, Pargat Singh gave his many SUA blows hitting him on his abdomen and back. Gurbax Singh gave many Soti blows on the shoulder of Channo. He stepped forward while raising an alarm to save them. Then Darshan Singh gave him a knife blow hitting him on his left hand. Bant Kaur gave him a Soti blow which hit him on his left shoulder. The wife of Pargat Singh gave one Soti blow which hit him on his head. In the meantime, his father Arjan Singh came from the village while raising an alarm whereupon all the accused fled away with their respective weapons. In the meantime, his brother Hari Singh also reached there who took them to the hospital at Nabha in his tractor-trolley for treatment but, on the way, his brother Bhinder Singh succumbed to his injuries. He further stated that during fight, they also caused injuries to Sukhdev Singh and Nachhattar Singh in their self defence and that prior to that they had no enmity. The fight took place only on that day due to dismantling of the water channel. On the statement of Gurdev Singh, formal FIR was registered. The occurrence leading to death of Bhinder Singh, as per the information given by this witness, took place at 7.30 p.m. on June 21, 1986 and the FIR came to be registered at 11.15 on the same day. The special report reached the Ilaqa Magistrate at Nabha at 1.00 a.m. on June 22, 1986.

(3.) The prosecution, in its endeavour to prove the case against the accused, examined Dr. N. K. Jindal as P.W. 1 who had examined Smt. Kako on July 12, 1986. He stated that Kako was admitted in the hospital on June 21, 1986 and was discharged on July 14, 1986. Dr. Sudarshan Lal Jindal was examined as P.W. 2. He had conducted post mortem on the dead body of Bhinder Singh and found following injuries :-"1. Incised wound 2.5 cm. x 0.5 cm. on the anterior chest wall left side in the anterior axillary line, 10 cm. below the axilla. Oblique in direction. On pressing the chest, some fluid blood oozed out. On dissection, the wound was going medially and slightly upwards and backwards, piercing the sub-outaneous tissue, intercostal muscles in the third intercostal space and corresponding left pleura, left lung on its antero lateral aspect and came on its medical aspect and then piercing the pericardium at the base of the heart and made a hole in the wall of the pulmonery veina (left). Left pleural cavity was full of fluid blood. Pericardial cavity also contained some blood.2. Incised wound 2.5 cm x 0.5 cm. close to injury No. 1 in the region of the mid axillary line. Clotted blood was present. Injury was bone deep.3. Incised wound 2.5 cm. x 0.5 cm. on the posterior aspect of left chest wall just below the lower end of scapula. On pressing the chest fluid blood came out of the wound. On dissection, it went medially forward and slightly downwards and piercing the sub-outaneous tissue, fat and muscles in the 8th inter costal space left side and injuring the corresponding plesuue, posterior aspect of the lower lob of left lung was going through it and came out on its basal surface and then pierced the diaphragm and peritoneous of the stomach. About 500 ml. of blood was present in the peritoneal cavity.