STATE OF PUNJAB Vs. SANTA SINGH

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment dated 22.3.1995 of the Additional Sessions Judge, Bathinda, whereby he acquitted Santa Singh son of Kartar Singh, Raghbir singh son of Sampuran Singh, Satbir Singh @ Satti son of Atma Singh, Sukhbir Singh @ Sukhbira son of Sadhu Singh, Baldev Singh son of Khem Singh, Daljit Singh @ Jeet son of Gurdev Singh, Yadwinder Singh @ Banti and Jagpal Singh @ Pal son of Karnail Singh. Criminal Appeal No. 16-DBA of 1998

(2.) The case of the prosecution is unfolded by the statement of Jugraj Singh complainant, given to SI Gurcharan Singh, Police Station Mansa. He stated, that on 15.4.1989 he along with his younger brother Manjit Singh @ Mithu and Jarnail Singh son of Gurjant Singh had come to Mansa for shopping. At about 5.00 p.m. they were standing in the shop of Gurchet Singh Cobbler, along with Magaar Singh son of Teja Singh. A jeep stopped in front of the shop, which was driven by accused Baldev Singh. Santa Singh armed with gandasa, Jagpal Singh @ Pal Singh armed with kulhari, Raghbir Singh armed with dang, Satbir Singh @ Satti armed with takua and Sukhbir singh @ Sukhbir armed with ghop came down from the jeep. Manjit Singh was caught hold by the accused, saying that they would teach him a lesson for causing injuries to Satbir Singh. Jagpal Singh gave a kulhari blow, which hit on the head of Manjit Singh. Santa Singh gave a gandasa blow, which hit on the mouth of Manjit Singh. Thereafter, all the accused lifted Manjit Singh and threw him in the jeep. Stick blows were also given to Jarnail Singh. Accused took Manjit Singh in the jeep towards Village Jawaharke. Apart from the above named accused, two other persons were also in the jeep. The motive for the commission of the offence was that the brother of Jugraj Singh had a dispute with Satbir Singh, Santa Singh and others about six months earlier to the present occurrence. Santa Singh and others were proceeded under Sections 107/151 Cr.P.C. The prosecution to prove its case brought into the witness box Dr. Rameshwar Chander PW1, Jugraj Singh PW2, Sh. Chuhar Singh Tehsildar PW3, SI Kulwant Singh PW4, Maghar Singh PW5, ASI Tara

(3.) Criminal Appeal No. 16-DBA of 1998 Singh PW6, Jarnail Singh PW7, Rajinder Mittal Superintendent of Police PW8 and SI Gurcharan Singh PW9. Dr. Rameshwar Chander PW1 conducted the post mortem examination on the body of Manjit Singh and found the following injuries:-