BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balwinder Singh appellant herein has been held guilty of murdering his real elder brother and besides one Piara Singh, father of the two brothers is an eye-witness, who, in the occurrence leading to death of Sukhvinder Singh, was also injured. The crucial question that needs adjudication in this case is as to whether despite somewhat strained relations between the appellant, on one side and his father and deceased brother on the other side, the testimony of father, namely, Karnail Singh, has stamp of truth or the appellant has been named on suspicion and actually Sukhvinder Singh was done to death by somebody else. Before, however, this significant question is determined one way or the other, it would be useful to give brief re'sume' of the facts of the case and the way and manner in which the prosecution sought to establish the crime against the appellant, who, after resultant trial, has been convicted under Section 302, IPC to undergo life imprisonment and to pay a fine of Rs. 400/- or in default thereof to further undergo RI for six months as also sentenced to undergo RI for two years and to pay a fine of Rs. 100/- or in default thereof to undergo RI for one month under Section 326, IPC as also to undergo RI for three months under Section 323, IPC, vide judgment recorded by the learned Sessions Judge, Ferozepur, dated August 12, 1992.

(2.) Gurjant Singh, ASI, PWS recorded the statement of Karnail Singh at 8 A. M. on April 6, 1991, in Civil Hospital, Jalalabad, on the basis of which FIR was recorded in the Police Station at 8.15 A.M. under Sections 302/326 and 323, IPC against appellant Balwinder Singh. Karnail Singh stated that he was resident of village Chak Budhoka and was doing cultivation. He had two sons, the elder was Sukhvinder Singh, aged about 26 years and the younger is Balwinder Singh, aged about 23 years. The younger son was residing at village Kot Kapura and about two months ago, his daughter-in-law, Malkiat Kaur, wife of Sukhvinder Singh had died. Yesterday evening i.e. April 5, 1991 Piara Singh son of Arur Singh, father-in-law of his son and his sister Mohinder Kaur residents of Chak Singhowala had come to see the children at his house. His son Balwinder Singh had come from Kot Kapura yesterday evening. He and his son Sukhvinder Singh were lying in the courtyard after taking their meals whereas Piara Singh and Mohinder Kaur were lying near the gate. Balwinder Singh was lying inside the room. Electric light was on in the courtyard. At about midnight, Balwinder Singh armed with an axe (KUHARA) entered the room and immediately on coming, gave a lalkara that he would teach a lesson to them that day for not giving him the share of land. After hearing lalkara, he, Sukhvinder Singh, Piara Singh and Mohinder Kaur woke up. Soon after his arrival, Balwinder Singh gave an axe blow to Sukhvinder Singh who raised his right hand in self defence, which hit on this right arm. Thereafter, Balwinder Singh gave axe blows to Sukhvinder Singh continuously which hit him on his right shoulder, right side of chest and on the head towards the left side as a consequence of which he fell down. Balwinder Singh again gave an axe blow to Sukhwinder Singh while he was lying fallen which hit him on his back. He (Karnail Singh), Piara Singh and Mohinder Kaur raised an alarm of 'Na Maro Na Maro' (do not kill, do not kill), whereupon Balwinder Singh gave an axe blow to him which hit him from the reverse side on his neck. Consequently, he also fell down. While he was lying down, Balwinder Singh gave an axe blow which hit him on his right shoulder. On raising of hue and cry by Piara Singh and Mohinder Kaur loudly, Balwinder Singh ran away with his axe after scaling over the wall. The whole incident was witnessed by Piara Singh and Mohinder Kaur, who thereafter removed both of them in a car to Civil Hospital, Jalalabad and got them admitted there. Sukhwinder Singh succumbed to his injuries. The cause of grudge was that he had four killas of land and Balwinder Singh, after taking his share of land, from him, wanted to sell it and he, therefore, refused to give him the land. Balwinder Singh had doubt that Sukhwinder Singh dissuaded him from giving him his share of land. From the facts, as have been brought on records of the case, it appears that whereas the occurrence had taken place on the night intervening 5/6-4-1991 at about midnight, the FIR came to be recorded at 8.15 A. M. on April 6, 1991 on the basis of statement of Karnail Singh which was recorded at 8 A. M. in Civil Hospital, Jalalabad. The special report with regard to the incident reached the Magistrate concerned at Ferozepur at 2.30 P. M. on the same day i.e. April 6, 1991. The appellant was arrested on April 11, 1991 and on April 13, 1991 he made disclosure statement, in pursuance whereof the weapon of offence i.e. an axe was recovered which, on the report of the Chemical Examiner, was found to be stained with human blood.

(3.) With a view to bring home the offence against the appellant, prosecution examined Dr. Vijay Khariwal as PW l. He stated that on April 6, 1991 at 6 A.M., he medico legally examined Karnail Singh son of Sajjan Singh, aged 70 years and found following injuries on his person :-