STATE OF PUNJAB Vs. JASBIR SINGH ALIAS KIRNI

JUDGEMENT

(1.) BHAJAN Singh died of a minor scuffle between him and appellants, Jasbir Singh, Kamaljit Singh and Karnail Singh, who were tried for an offence under Section 302 read with Section 34 of the Indian Penal Code. The learned Addl. Seasons Judge, Hoshiarpur after resultant trial, acquitted them of the charge framed against them under Section 302 read with section 34 IPC but convicted Jasbir Singh and Kamaljit Singh under Section 323 IPC and sentenced them to undergo RI for one year and to pay a fine of Rs. 500/-, in default whereof, they were ordered to further undergo RI for three months each. Since Karnail Singh was a juvenile, he was allowed benefit of probation as provided under the provisions of the Probation of Offenders Act. This order of the learned Additional Sessions Judge, Hoshiarpur, has given rise to two Crl. Appeals, i.e. Crl. Appeal No. 60-DBA of 1991 preferred by the State of Punjab against acquittal of the appellants under Section 302 read with Section 34 IPC and Crl. Appeal No. 256-SB of 1990 preferred by the appellants against their conviction under Section 323 IPC and Cri. Revision bearing No. 910 of 1990 preferred by Gurmit Ram for conviction of the appellants herein u/s 302/34 IPC. Crl. Revision aforesaid was ordered to be heared along with Crl. Appeal No. 60-DBA of 1991. We, thus, propose to dispose of all these matters by this common judgment.

(2.) THE facts leading to unfortunate death of Bhajan Singh were brought to the notice of the Police Station City Hoshiarpur by PW5 Gurmit Ram son of Amin Chand on March 8, 1990 at 7.40/8.05 P.M. Gurmit Ram stated that he was resident of Basi Khawaja and was posted as Basic Health Worker in the Health Department, Sub Centre, Chawni Kalan. On March 6, 1990, at about 3.15 P.M., when he returned to his house after attending to his duties, he heard an alarm of "Mar Ditta, Mar Ditta" (killed) raised by his nephew (brother's son) Bhajan Singh from the roof of his house. Thereupon, he along with Pali Ram, his cousin, came on the roof of his house. There they saw that Kirni son of the Buta Singh, Ballu son of Buta Singh and Bhondu son of Avtar Singh were beating his nephew Bhajan Singh by giving fist blows and saying that they would teach him (Bhajan Singh) a lesson for flying pigeons. At this, both of them raised an alarm of "Na Maro-Na Maro" (Don't kill, don't kill). While they were saying so, Ballu took two brick-bats from the roof and gave blows with the same to Bhajan Singh. One of the brick-bats hit him on his head and the other hit on the right side of his neck. All the aforesaid three persons had also dragged him on the roof, as a result of which he sustained multiple superficial abrasion marks on his person. Thereafter, the accused fled away while abusing. He brought his nephew down-stairs and gave him first aid. Being minor injuries, he did not tell anyone except his brother Jit Ram. On March 7, 1990, as his condition deteriorated, they brought Bhajan Singh to the Civil Hospital, Hoshiarpur, but the doctor, after giving him medicine, sent him back home. On March 7, 1990 his brother Jit Ram had brought him to the hospital. On March, 8, 1990, as the condition of his nephew deteriorated, he and his brother Jit Ram were removing him to the Civil Hospital but Bhajan Singh died while entering the hospital. He further stated that Bhajan Singh had died due to injuries caused by the aforesaid three persons by giving beatings with brick-bats and due to invisible injuries. They did not inform the police regarding the occurrence as it was the matter amongst the residents of the same vicinity and they thought that they would resolve the problem by mutual discussion.

(3.) THE doctor further stated that there was a tear over the posterior surface of jejunum and in his opinion the cause of death in this case was due to shock resulting from peritonitis and injury to the jejunum which was sufficient to cause death in the ordinary course of nature. The doctor, however, in cross-examination stated that there was no corresponding external sign of violence to jejunum on the dead body and all the injuries on the dead body including injury to the jejunum could also have resulted from a fall. As mentioned above, after resultant trial, whereas the learned Addl. Session sJudge found the prosecution version to be true but, on the basis of medical evidence and other circumstances, the appellants were held to have committed an offence under Section 323 IPC and not under Section 302 read with Section 34 IPC with which they were charged. Thus, the only question that deserves consideration in this case is as to whether on the basis of medical evidence and other attendant circumstances, the appellants can be held guilty under Section 302 read with Section 34 IPC. learned Addl. Sessions Judge discussed the matter and observed as follows:-