GULZARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appeal arises out of the following facts: On 28.9.1985 at about 10 AM Hans Raj complainant was guarding his maize crop when his wife Ram Lubhai had also come to the field to give him his meals. The accused Gian Singh armed with a spear, Gulzari Lal armed with a dang and Dharam Pal armed with a gandasi also came there. Gian Singh raised a lalkara that Hans Raj be caught hold of and on this accused Dharam Pal gave a gandasi blow on the head of Hans Raj. He then fell down whereupon Gian Singh gave two spear blows one of which hit on the left leg whereas Gulzari Lal also gave four dang blows which hit him on his chest left shoulder, left eye lid and on the left leg. Parveen Kumar nephew of Ram Lubhai was also present at the spot and when they raised a lalkara the accused ran away along with their respective weapons. Hans Raj was thereafter removed to the hospital at Patti where he was medico legally examined and on receipt of the medical report A.S.I. Hari Ram went to the hospital and got the opinion of the doctor with regard the fitness of Hans Raj to make a statement and after the doctor had given his opinion, the statement of Hans Raj was recorded on 29th September 1985 at 10.30 AM which formed the basis of the first information report registered at police station Patti. The incident as alleged by the prosecution was that the accused often damaged the crops of Hans Raj and the latter used to remonstrate with them for doing so. After the investigation of case the police challaned Gian Singh and Dharam Pal whereas the police found the accused Gulzari Lal as innocent and he was shown in Column No. 2. However the trial Magistrate committed all the three accused for trial to court of Sessions. A charge against Gulzari Lal accused for an offence punishable under Section 307 IPC and the other two accused under Sections 307 read with Section 34 IPC was framed and the three accused were also proceeded against for the lesser offences.

(2.) In order to prove its case the prosecution examined Dr. Sham Lal as PW-1, Rajinder Kumar Patwari as PW-2, Dr. Jasbir Singh Cheema as PW-3 Ram Lubhai as PW-4, Parveen Kumar as PW-5, Hari Ram as PW-6 and Hari Ram A.S.I. as PW-7. When the prosecution case was put to the accused they denied their involvement and pleaded false implication. They also produced some witnesses in their defence.

(3.) The trial court came to the conclusion that the evidence of Ram Lubhai PW-4 and Parveen Kumar PW-5 inspired confidence and was liable to be believed; whereas the court also noted that Hans Raj had since died and could not be examined. The court also found that the medical evidence given by Dr. Jasbir Singh Cheema PW-3 supported the prosecution story is material particulars. The court further found that the alibi put-forth Gulzari Lal accused was not liable to be believed as it was not supported by his own witness. The court further came to the conclusion that no offence under Section 307 IPC was made out and all the accused were liable to be acquitted on that score, both substantively and vicariously and having held as above, sentenced accused Gian Singh, Dharampal and Gulzari Lal to rigorous imprisonment for a period of two years and six months each under Sections 324, 324/34 IPC and to the payment of fine of Rs. 100/- each or in default of payment of fine to further undergo rigorous imprisonment for one month each. Gulzari Lal, Gian Singh and Dharam Pal were further sentenced to rigorous imprisonment for nine months each under Sections 323/323/34 IPC. Hence this appeal.