RUPA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed against judgment dated 9.12.1993 passed by Sessions Judge, Gurdaspur convicting the appellant Rupa Singh under Section 304 (Part II) of Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 500/ - and in default of payment of fine to suffer further rigorous imprisonment for one month; convicting appellants Lakha Singh, Basant Singh @ Kala and Sat Pal Singh under Section 304 (Part II) of Indian Penal Code read with Section 34 of Indian Penal Code and sentencing each one of them to suffer rigorous imprisonment for four years and to pay a fine of Rs. 500/ - and in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) ACCORDING to the prosecution case there was some dispute regarding the flow of a drain which existed in front of the house of the appellants and Jagjit Singh (since deceased). Some obstruction was placed in the flow of dirty water through the drain by the appellants which had been removed by Jagjit Singh, deceased on 30.1.1988 at 8.30 A.M. This removal of the obstacle led to the exchange of hot words between the 8.30 A.M. This removal of the obstacle led to the exchange of hot words between the deceased on one hand and the appellants on the other hand. Prem Singh and Sarbjit Singh witnesses heard the hue and cry and they were attracted to the place of occurrence. Appellant Rupa Singh was armed with a Datar, Lakha Singh was armed with Kirpan, Basant Singh @ Kala was armed with Dang while Satpal Singh was empty handed. Rupa Singh inflicted Datar blow on the left leg of Jagjit Singh while Basant Singh exhorted his companions that Jagjit Singh be not spared and be taught a lesson for removing the obstacle. Basant Singh himself inflicted Dang blows which landed on the back, legs and hands. Jagjit Singh fell down on receipt of the injuries. PW Prem Singh picked up a piece of brick -bat and threw the same at appellant Basant Singh @ Kala which hit him on his nose and thereafter all the appellants made their escape good from the place of occurrence. The appellants also took away their respective weapons with them. Jagjit Singh was immediately taken to Civil Hospital Batala by his brother Prem Singh and Mangal Singh Lumberdar. One Kundan Singh also accompanied them. Dr. Gurpal Singh, Medical Officer posted at Civil Hospital Batala examined the injuries of Jagjit Singh and found the following injuries : 1. An incised wound 5 cm x 1 -1/2 cm on the lateral aspect of left lower limb, 14 cm left knee joint. Bleeding was present. Wound was bone deep and was kept under observation. 2. Abrasions on the right index finger.

(3.) ABRASIONS 1/2 cm on the left index finger. Injuries No. 2 and 3 were declared as simple in nature. Medicolegal report was prepared and a carbon copy thereof was exhibited at the trial as Exhibit PB. On receipt of the M.L.R., S.I. Avtar Singh went to Civil Hospital Batala and recorded the statement of Jagjit Singh, the then injured, (Exhibit PD). S.I. Avtar Singh made an entry in the daily diary register. On 7.2.1988 Shri Harjit Singh, D.S.P. Batala ordered for the registration and investigation of the case. The case was registered vide F.I.R. Exhibit PE. Jagjit Singh developed tetanus and died at the Civil Hospital due to the tetanus which in the opinion of the Autopsy Surgeon was caused due to wrapping of wound with dirty clothes. Inquest proceedings were conducted on the dead body of Jagjit Singh by S.I. Ajaib Singh on 8.2.1988 at Civil Hospital Batala and inquest report Exhibit PG/1 was prepared. The post mortem examination was conducted on the dead body by Dr. Gurpal Singh who prepared post mortem examination report, a carbon copy of which is proved as Exhibit PC at the trial of the case. The case was investigated by the S.I. who recorded the statements of the prosecution witnesses. Appellants Rupa Singh, Satpal Singh, Lakha Singh were arrested on 31.3.1988. Basant Singh @ Kala was arrested on 15.4.1988. After completion of investigations, the challan was submitted against the accused - appellants. Accused appeared before the Judicial Magistrate 1st Class, Batala. Mr. Naginderjit Singh committed their case for trial to the Court of Sessions vide order of commitment dated 6.8.1991 as the offence under Section 304 of Indian Penal Code was exclusively triable by the Court of Sessions. The trial of the accused -appellants took place in the Court of Sessions Judge, Gurdaspur who found a prima facie case under Section 304 (Part I) of Indian Penal Code against Rupa Singh accused and a case under Section 304 (Part 1) read with Section 34 of Indian Penal Code against the remaining accused -appellants. The accused denied the charges and claimed to be tried. The prosecution examined Dr. Sukhdev Singh Johal PW1, Dr. Gurpal Singh PW2, Sarbjit Singh PW 3, Prem Singh PW4, Avtar Singh PW5, Ajaib Singh, DSP PW6 and SP Bachittar Singh PW7. The prosecution closed its evidence. 3. Statements of the accused -appellants were recorded under Section 313 of Code of Criminal Procedure. They denied the allegations levelled against them and appearing in the prosecution evidence and pleaded their false implication in the case. They were called upon to lead evidence in defence but they did not lead any evidence in defence.