STATE OF PUNJAB Vs. HARWINDERPAL SINGH AND ORS.

JUDGEMENT

(1.) The State calls in question acquittal of the respondents of the offences under Ss. 302/324/34 IPC.

(2.) Case of the prosecution is that Mohan Lal PW 8 was running a Halwai shop opposite Bus Stand Sangrur. Pawan Kumar, deceased, brother of PW 8 Mohan Lal was also running a Halwai shop nearby. On 20.12.1992, Pawan Kumar went to Sangrur town but did not return till 8 PM. Mohan Lal PW alongwith his relation Kishan Lal went out for search of Pawan Kumar in the car of Kishan Lal. At about 9 PM, when they reached near the shop outside the office of Zila Paqrishad, Sangrur, they saw in the municipal electric light that Pawan Kumar had been surrounded by the respondents -accused. Taranjit Singh accused raised a 'lalkara' that Pawan Kumar be taught a lesson for the old quarrel. Harwinderpal Singh struck a blow with his knife on the chest of Pawan Kumar. Tarwinderpal Singh also struck a blow with his knife on the right side of the head of Pawan Kumar. Sanjiv Kumar PW tried to intervene. Taranjit Singh, accused gave a knife blow in the abdomen and left side of Sanjiv Kumar followed by another blow on the back of Sanjiv Kumar. Mohan Lal and Kishan Lal raised alarm "Mar Dita Mar Dita". All the accused with their respective weapons escaped. Both the injured were put in the car of Amandeep Singh son of Surjit Singh and taken to Civil Hospital, Sangrur. Few days prior to the assault, an altercation had taken place between the accused on the one hand and deceased Pawan Kumar on the other hand, at the shop of Pawan Kumar and the accused had threatened that they will see him later on.

(3.) On account of serious condition of Pawan Kumar, on the advice of the doctor, he was taken to the Christian Medical College and Hospital, Ludhiana. Pawan Kumar, however, died on the way. His dead body was kept in Civil Hospital Sangrur. PW 8 Mohan Lal was going to the police station and on the way his statement was recorded by SI Kewal Krishan on 21.12.1992 at 5 AM near Bus Stand where he was on duty. SI Kewal Krishan reached the hospital, examined the dead body, prepared inquest report and sent the dead body for post -mortem.