GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURCHARAN Singh appellant and his co -accused Atma Singh who happens to be his real brother were tried under Section 302 read with Section 34 of the Indian Penal Code for having caused death of Chanan Singh son of Niranjan Singh. After resultant trial, whereas Atma Singh was acquitted, Gurcharan Singh having been found guilty for the charges framed against him was convicted under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/ - in default whereof he was further to suffer rigorous imprisonment for six months.

(2.) THE prosecution version was unfolded by Balbir Kaur PW -1, mother of the deceased Chanan Singh as it is on her statement made on 4th December, 1990 at 11.00 p.m. that F.I.R. came to be recorded by Sukhdev Singh ASI. While disclosing the facts leading to the death of her son Chanan Singh she stated that she was resident of village Phus Mandi. She had two sons. Her elder son Chanan Singh was aged about 30 years whereas her younger son Sahib Singh was aged about 25 years. Her elder son was working as a labourer with Karaj Singh. Her younger son was working as Siri (partner in cultivation) with Sarwan Singh ex -Sarpanch. On the eventful day her son Chanan Singh had gone to Sirsa to sell Narma crop with farmer Karaj Singh. They both came to the village but her son Chanan Singh did not reach home. When her younger son Sahib Singh and she enquired from Karaj Singh, he stated that Chanan Singh had gone to the house of Kartar Singh Mazhbi. Upon this, she along with her son Sahib Singh who had a burning lantern in his hand went towards the house of Kartar Singh. At that time her son Chanan Singh came out grumbling out of the house of Kartar Singh. She along with her son Chanan Singh was coming. At about 8.00 p.m. they reached the house of Bhagwant Singh. At that time Gurcharan Singh and Atma Singh Mazhbi Sikhs sons of Kartar Singh came behind them while raising lalkaras in the name of her son Chanan Singh. Appellant Gurcharan Singh was armed with a gandasa whereas his co -accused Atma Singh had a sota in his hand. While she was preventive them in causing injuries to her son, Gurcharan Singh appellant gave a gandasa blow from its sharp side on the head of Chanan Singh. Atma Singh stated that he should not be allowed to escape alive. When Gurcharan Singh tried to give another blow to her son Chanan Singh, she raised her hands to ward off the blow to save her son. As a result, the gandasa blow from its sharp side hit on the palm of her left hand. Her son fell down on the ground and she along with her son raised alarm "Maarta, Maarta" (killed, killed). Gurcharan Singh and Atma Singh ran away from the spot with their respective weapons. Her son Sahib Singh and she witnessed the whole occurrence. Thereafter, they removed Chanan Singh to Civil Hospital, Sardulgarh for treatment in the tractor -trolley of Sarwan Singh ex -Sarpanch where the doctor declared Chanan Singh as dead. It was stated by her to Sukhdev Singh ASI that the cause of grudge was that her son Chanan Singh daily used to drink and dine with Gurcharan Singh and Atma Singh and on the date of occurrence Gurcharan Singh and Atma Singh being enraged or due to some altercation had committed the murder of her son Chanan Singh by inflicting injuries in connivance with each other. From the records of the case, it is amply made out that the occurrence took place at 8.00 p.m. on 4th of December, 1990. The statement of Balbir Kaur came to be recorded at 11.00 p.m. on 4th December, 1990 at Police Station Sardulgarh whereas the special report reached the Magistrate at 7.00 a.m. on 5th of December, 1990.

(3.) THE prosecution with a view to bring home the offence against the appellant and his co -accused Atma Singh examined various witnesses but success or otherwise of the prosecution version depends upon the statements of PW -1 Balbir Kaur mother of the deceased, PW -2 Sahib Singh brother of the deceased, Sukhdev Singh, Investigating Officer, PW -3, Dr. Surinder Kumar and Dr. Saneh Lata who were examined as PW -4 and PW -5 respectively. PW -4 Dr. Surinder Kumar, Medical Officer -Post Graduate Student, Rajindra Hospital, Patiala conducted autopsy on the dead body of Chanan Singh on 5th of December, 1990 at 2.00 p.m. The solitary injury found on the dead body of Chanan Singh was incised wound 6 x 1 cm bone deep on the just right to and above the posterior occipital protruberance of the skull, lying parallel to mid line of the skull. Clotted blood was present. On dissection the underlying bone was found fractured into many pieces. On further dissection the doctor found that brain matter was cut and cranial cavity was full of clotted blood about 200 cc .... Both the lungs were healthy. Stomach contained about 100 cc. of food. In the opinion of the doctor death was due to shock and haemorrhage resulting from injury described above. The injury was ante -mortem in nature and was sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was immediate to few hours and between death and post -mortem examination was within 24 hours. Dr. Mrs. Saneh Lata, Medical Officer, Shri Guru Teg Bahadur Hospital, Amritsar examined Balbir Kaur mother of the deceased and found one injury which was described as "on the left palm in its outer and distal quadrant. There was present a flap of skin along with facia measuring 1 cm x 1 cm with its clean cut margins. Flap was attached distally and laterally. Dried up blood was present around the wound. Local tenderness was present. No odema of the margins. The injury was simple in nature. Probable duration of the injury was within 24 hours. Kind of weapon was sharp." In the cross -examination she stated that there was no time mentioned by the police official in Ex. PG which contains the request by the police for conducting medico -legal examination of Balbir Kaur. She admitted that she along with her husband was working in the same hospital at the relevant time and that their residence was located in the hospital premises itself. She denied the suggestion, that any dead body was received during the night intervening 4th/5th December, 1990 in the hospital. She admitted that Balbir Kaur never contacted her for medico -legal examination before 1.00 p.m. on 5th December 1990 and that the injury was superficial in nature and the x -ray was also not advised. She also stated that the possibility of this injury being self -inflicted or self -suffered could not be ruled out. The ocular version as stated above was provided by PW -1 and PW -2 i.e. mother and brother of the deceased. Broadly they have supported the prosecution version. The way and manner in which the investigation proceeded was provided by PW -3 Sukhdev Singh. When examined under Section 313 of the Code of Criminal Procedure, the appellant and his co -accused that they were innocent and they had been implicated on account of suspicion because their house was near the place of occurrence. They also examined in defence on Kashmir Singh, their neighbour who stated that on the eventful day there were clouds in the sky and also lightening and he had seen Chanan Singh lying injured in the street. The injury was in the head and was bleeding. On his and others making hue and cry, Bhagwan Singh came there. Other residents of the village who were living in the neighbourhood also came. Gurcharan Singh appellant and one Makhan Singh also came there. The house of Gurcharan Singh was at a distance of 15 -20 Karams from the place where Chanan Singh was lying injured. His house was also situated at similar distance. Chanan Singh was unconscious at that time. He along with others arranged a cot from the house of Bhagwant Singh and put the injured on the cot. Gurcharan Singh accused was sent and also Makhan Singh to the house of injured to give information. They brought with them PWs Balbir Kaur and Sahib Singh.