KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 4.9.1995, passed by Sessions Judge, Patiala, convicting the appellants under Sections 304 Part-I, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the Code'). Appellant Karam Singh was sentenced under Section 304 Part-I and Major Singh under Section 304 Part-I read with Section 34 of the Code to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment for one year each. Karam Singh was further sentenced to undergo rigorous imprisonment for 3 months under Section 323 of the Code and Major Singh too was sentenced similarly under the same section with the aid of Section 34 of the Code. All the sentences were ordered to run concurrently.

(2.) THE factual matrix of the case as unfolded by Naib Singh son of Jarnail Singh resident of Village Kullaran (PW-4) in his statement Ex. PL made on 28.8.1993 at about 3 p.m. in Civil Hospital, Samana, is that on 27.8.1993 at about 8 p.m., when he and his brother-in-law (loser) Gurbax Singh son of Jagmail Singh resident of village Bahmana and Lakhwinder Singh alias Lakha son of Amar Singh resident of village Kulwanu, while sitting on the tractor were proceeding towards village, they sighted a truck, parked on the road obstructing the passage. Naib Singh asked the truck driver to remove it from the passage. On this, there was exchange of hot words, followed by a fight. Dharampal inflicted two iron rod blows on the head of Naib Singh. Major Singh inflicted Lathi blow on the thigh and knee joint of Naib Singh. Dharampal also inflicted an iron rod blow upon the head of Gurbax Singh and also caused injuries to Lakhwinder Singh alias Lakha by hitting on his head twice or thrice, as a result of which, he fell down on the ground. Thereafter, Major Singh again inflicted a lathi blow on Lakhwinder Singh alias Lakha. The hue and cry raised by the complainant party, attracted Nirmal Singh son of Jarnail Singh resident of village Kullaran and Mohan Singh son of Amar Singh resident of village Kulwanu, who had come there to see village fair. They rescued the complainant party from the clutches of the accused persons and shifted the injured to Civil Hospital, Samana, where they were medico-legally examined. Consequently, Lakwhinder Singh alias Lakha expired on 28.8.1993. Motive behind the occurrence was that the complainant party and the accused party exchanged abuses over the non-clearance of the passage.

(3.) ASSISTANT Sub-Inspector Karam Singh handled the investigation and he reached the Civil Hospital. He collected MLRs of Gurbax Singh and Naib Singh; on reaching Rajendra Hospital, he found that dead body of Lakhwinder Singh alias Lakha was lying in the mortuary of that hospital. He prepared Inquest Report Ex. PD and, thereafter, made a request Ex. PE for getting the post- mortem examination conducted. On 29.8.1993, he recorded the statement of Gurbax Singh. It would be pertinent to mention here that Naib Singh had made a supplementary statement on 28.8.1993 itself, wherein, he clarified that he had named Dharampl alias Dharam Singh as accused by mistake and in fact, he was Karam Singh (appellant), who had caused injuries along with Major Singh (appellant). As such, Karam Singh and Major Singh were arrested on 8.9.1993. Karam Singh, in pursuance of his disclosure statement, got recovered the weapons of offence i.e. iron rod and Lathi. On 15.9.1993, the Investigating Officer also took the truck No. PCT-9981 into possession.