STATE OF PUNJAB Vs. BHARPUR SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State of Punjab against the judgment recorded by the learned Additional Sessions Judge, Sangrur dated 18th April, 1990 vide which accused Bharpur Singh, his son Dawinder Singh and one Charanjit Singh son of Bachitter Singh were acquitted of the charge framed against them under Section 302 read with Section 34 of the Indian Penal Code.

(2.) The brief facts of the case reveal that Beant Singh son of Mohinder Singh who was injured allegedly at the hands of the accused on 28th of June, 1989, ultimately succumbed to his injuries on 5th of July, 1989, at 6.10 P.M. Before, he died, he got his statement recorded to ASI Chhabeg Singh, Police Station Dirba on 30th of June, 1989 at 7.30 P.M. In his statement he got recorded that he was resident of village Kamaalpur and was engaged in cultivation and his father got married twice. His six sisters were from the first mother and his two brothers and one sister were from the second mother. His step-brothers Bharpur Singh and Mukhtiar Singh had sold their land and had shifted to Bahadurgarh town. On 28th of June, 1989 at 7.30 P.M. he was repairing the engine in his field and at a short distance from him, his father and his Behnoi (Sister's husband) Harminder Singh of village Dyalgarh Jejia were talking with each other. At that time his step brother Bharpur Singh, his son Dawinder Singh and one Charanjit Singh who is maternal uncle of Dawinder Singh came to him. Bharpur Singh started enquiring about his well being. In the meantime, Dawinder Singh took out a knife from his right Dub (fold) and gave a blow with it to him which hit him on his right shoulder. Charanjit Singh also took out a knife from his right Dub and gave a blow with it on his left flank. At this when he raised an alarm of saving him, Dawinder Singh gave one more blow with knife to him which hit on his right flank and when he tried to run away, Bharpur Singh caught hold of him by hair and said, "Today, he has been overpowered with a great difficulty and as such he should be done to death." His father and Behnoi also rushed towards him while raising an alarm upon which Dawinder Singh gave one blow with his knife to him from behind which hit him on his left shoulder. Charanjit Singh then gave one more blow with knife to him which hit him on his right shoulder. At this he fell down. Despite the efforts made by his father and Behnoi Harminder Singh to rescue him Dawinder Singh gave one more blow with his knife to him when he was lying fallen. He raised his right hand to ward off the blow as a result of which he received a scratch on the right wrist joint. On raising hue and cry by him and others, his step brother Bharpur Singh who was empty handed, his son Dawinder Singh and Charanjit Singh fled away together with their knives. Thereafter, the members of his family made necessary arrangements and got him admitted in Civil Hospital, Sangrur, where he was undergoing treatment. The cause of grudge was that his step brothers having disposed of their share of land, had frittered away their money and now they wanted to grab his share of land and a suit with regard to the same was pending in the Court at Sunam. Bharpur Singh wanted to grab his property after liquidating him.

(3.) The facts of the case reveal that the occurrence leading to the death of Beant Singh took place on 28th of June, 1989 at 7.30 P.M. The FIR on the statement of Beant Singh was recorded on 30th June, 1990 and the Special Report of the incident reached the Magistrate concerned at 2.20 P.M. on 3rd of July, 1989. The village Kamaalpur is stated to be at a distance of 8 Kms from the police Station. Initially a case under Sections 323/324 read with Section 34 of the IPC was registered which later, on the demise of Beant Singh was converted into Section 302 read with Section 34 of the Indian Penal Code.