RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rachhpal Singh has filed this appeal challenging judgement dated 21.3.2011 passed by Sessions Judge, Faridkot, vide which he has been held guilty for committing offences punishable under section 307 and 324, IPC.

(2.) The present case arises out of one of the two separate charge-sheets filed by the police in FIR No.51 registered at Police Station Jaitu, Faridkot on 7.6.2009. While one charge-sheet was filed for offence u/S. 302, IPC relating to murder of Jagtar Singh, the present chargesheet was filed for offences u/Ss. 307 and 323 of IPC regarding injuries caused to Ravinder Singh and Sikander Singh.

(3.) The prosecution story, as per complainant Jagtar Singh's statement (Ex.P-1) recorded by ASI Amarjit Singh, is that he has two sons namely Harpal Singh aged about 25 years and Kulwinder Singh aged about 22 years who are both unmarried and cultivating land measuring 4 killas which they had taken on lease from Balbir Singh of their village. Balbir Singh was having a dispute with his brother Karnail Singh relating to passage on this land which was pending in the courts but the same was lying dormant since the last about 2 years. The complainant alleged that Rachhpal Singh son of Karnail Singh had threatened to kill him and his sons and used to say as to why they have taken his uncle's land on lease. The complainant alleged that on the day of occurrence at about 10 a.m. he had gone to the fields with meals for his son which he kept near the room of the motor and called his son to take meals and upon which his son kept his Kahi on the edge of the water course and came near him empty handed and sat by his side to have his meals. The complainant alleged that Rachhpal Singh son of Karnail Singh who was irrigating the adjacent fields came near them carrying Kirch (knife like weapon) and raised lalkara that he would teach them a lesson for taking the land of his uncle on lease. The complainant and his sons stood up and Rachhpal Singh gave a blow with "Kirch" on the head of his son Harpal Singh which hit him on his left temporal region. Rachhpal Singh gave another blow on his head on the left side above the ear. The complainant raised alarm "na maar - na maar" (do not kill-do not kill) and being scared, he jumped over the water course towards the village. It is stated that the complainant's son fell on the ground and then Rachhpal Singh gave another blow with his Kirch on the head of his son hitting him on the back of his head on the left side. The complainant, being frightened, ran towards the village and narrated the occurrence to his uncle's son namely Ranjit Singh son of Gurdev Singh. Both of them along with other respectables reached at the spot where they found that his son Harpal Singh had been thrown in the well of the motor and when they took him out, they found him to be dead. Harpal Singh was found to be having several injuries on both sides of his head; eye-brows; abdomen; left leg; left elbow; and on left hand. It is further stated therein that later on they came to know that Rachhpal Singh, while running towards village Ghanyawala, had also caused injuries to Harwinder Singh son of Sakander Singh and his father Sakander Singh son of Sarban Singh of their village with the help of his kirch. The motive alleged is that Rachhpal Singh was annoyed with them for having taken his uncle Balbir Singh's land on lease and due to which Rachhpal Singh in connivance with his brother Jagtar Singh and his father Karnail Singh had murdered his son by causing injuries.