JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Joginder Singh, Jugrant Singh and Samarath Singh who were tried with Nirbhai Singh, since acquitted, under Sections 302, 304,323 read with Section 34 of the IPC vide judgment recorded by the Additional Sessions Judge, Barnala dated 2nd June, 1993, and were sentenced to imprisonment for life and to pay a fine of Rs. 5,000/- or in default of payment of fine to further undergo rigorous imprisonment for one year each, have challenged the said order through present appeal filed by them. Gurmail Singh complainant has also filed Criminal Revision No. 14 of 1994 for enhancement of sentence awarded to the appellants. This judgment shall dispose of both the appeal and revision.

(2.) THE prosecution version was unfolded by Gurmail Singh son of Gurcharan Singh through FIr lodged by him on 6th September, 1988 at 8-30 p. m. at Civil Hospital, Barnala. It was stated by him that at about 4-00 p. m. his father Gurcharan Singh had gone to the flour mill of Amrik Singh to fetch flour. His uncle Mohinder Singh son of Jangir Singh along with him had just followed his father towards circular road to have a round of their fields. When his father Gurcharan Singh reached near the Patwarkhana, he as also his uncle saw Joginder Singh son of Amar Singh, Jugrant Singh armed with a sua (Ghop), Samarath Singh armed with a Sua (Ghop) and Nirbhai Singh armed with a gandasa. . They were coming towards his father from the side of circular road. Joginder Singh raised a lalkara addressing his father, "be ready we will not allow you to go to-day and we will teach you a lesson for getting the land partitioned. " At that stage, Jugrant Singh inflicted a Sua blow on the left flank of his father, a result of which his father fell down. When his father was lying down, Samarath Singh inflicted a sua blow on his left shoulder and Nirbhai Singh inflicted a gandasa blow from its reverse side on the left side ribs of his father. He and his uncle tried to rescue his father from them with the help of Ghop and dang which he and his uncle had with them. He and his uncle inflicted injuries to Jugrant Singh and Joginder Singh in order to save themselves and the father of the first informant. When he and also his uncle raised the alarm, all the accused fled away towards the circular road with their respective weapons. He left Mohinder Singh to safeguard his father and passed the information about the incident at home, arranged a matador belonging to one Gurmeeta Singh son of Inder Singh and took Joginder Singh son of Partap Singh along with him and put his father in the matador. His father was then taken to hospital, Barnala for treatment. However, before his injuries could be treated, he died. As a matter of fact, Gurcharan Singh had died on the way to hospital. He was still, however, taken to the hospital hoping against hopes that doctors might do something to save him. It appears that it is from the hospital only that the police was informed where Bughar Singh S. I. /s. H. O. Police Station Mehal Kalan came and recorded the statement of Gurmail Singh. All the four accused, namely, Joginder Singh, Jugrant Singh, Samarath Singh and Nirbhai Singh were tried for the offences as mentioned in the earlier part of the judgment and after resultant trial Jugrant Singh was convicted under Section 302 of the IPC and Joginder Singh and Samarath Singh were convicted under Section 302 with the aid of Section 34 of the IPC. All of them were imprisoned to serve life sentence and to pay a fine as mentioned above. Nirbhai Singh was, however, acquitted.

(3.) POST -mortem on the dead body of Gurcharan Singh was performed by Dr. Narotam Singh, Medical Officer, Civil Hospital, Barnala PW-1 on 7th September, 1988 at 8-15 a. m. The doctor found the following injuries on dead body of Gurcharan Singh :1. A lacerated wound 1. 5 cm x 1 cm x muscle deep was present over the outer aspect of left shoulder 4 cm from the tip of achromion process. 2. 2. 5 cm x 2 cm x muscle deep wound with incised margins over the anterior aspect of left upper arm 6 cm below the axillary fold and 13 cm below injury No.