KEWAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, Parsa Singh, Pal Singh and Surat Singh were challaned for standing trial under sections 148, 302, 326, 323 read with section 149, Indian Penal Code. After trial, appellants have been convicted under section 302 and awarded life imprisonment and a fine of Rs. 2000/- each and in default of payment of fine to undergo further rigorous imprisonment for six months. Parsa Singh was convicted under section 326 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for a period of three months. The other two, i.e. Pal Singh and Surat Singh have been acquitted as their presence at the time of occurrence was found to be doubtful.

(2.) The prosecution was based on the statement of Gurnam Singh, an eye-witness, according to which the land measuring 8 acres of his in Jaws was inherited by his wife Beero (Balbir Kam) and the same is situated near his village in the area of village Barwala. There was a civil case pending for having a passage to that land between his wife and Parsa Singh, respondent in State appeal. Some days before the occurrence, that case was decided in favour of Gurnam Singhs wife and on this basis the passage was closed by Gurnam Singh. Parsa Singh had a grudge on account of this. On 30th October, 1984 at about 6 or 7 p.m., Gurnam Singh and others were leveling their field after ploughing it. Anokh Singh was also present. Parsa Singh armed with a kulhari, Kewal Singh and Balwinder Singh armed with kirpans and Pala Singh and Surat Singh armed with dongs came there. Parsa Singh told Anokh Singh to stop helping Gurnam Singh and threatened that otherwise he would be badly treated. Anokh Singh replied that Parsa Singh could do whatever he liked and he would not leave his brother and Bharjai. In the meantime Parsa Singh raised a lalkara saying that Anokh Singh be done to death today and he should not be allowed to escape. Kewal Singh and Balwinder Singh gave one blow each with their kirpans hitting on the head of Anokh Singh. Gurnam Singhs wife ran to separate them and Parsa Singh gave a kulhari blow hitting her on the right wrist and Surat Singh gave a dang blow hitting her on left shoulder. Raula having been raised by Gurnam Singh the said persons ran away together with their respective weapons. Sadha Singh and Gurnam Singh removed Anokh Singh in injured condition to his house and Anokh Singh died on the way. Deadbody of Anokh Singh was left at his house. Gurnam Singh along with Mohinder Singh, Chaukidar went for lodging a report. Statement of Gurnam Singh was recorded by S.I. Om, Parkash, SHO Police Station Patti and F.I.R. No. 320 was registered at 11 p.m./11.50 p.m. A copy of the special report was sent and it was received at 12.10 a.m. on 31.10.1984, i.e. during the night between 30th and 31st October, 1984, S.I. Om Parkash went to the spot along with police officials and inquest report of the dead body was prepared and the body was sent for post-mortem examination. P.W. 2 Dr. Jasbir Singh Cheema, medico-legally examined Balbir Kaur alias Beero and one incised wound on right wrist and an abrasion on the outer aspect of the left shoulder were found at 8.45 p.m. on 30.10.1984. P.W. 1 Dr. Prem Lal Sicher conducted the post-mortem examination on 31st October, 1984.

(3.) The investigation was completed and a report under section 173 of the Code of Criminal Procedure (hereinafter called the Code) was presented and the case was committed by the illaqa Magistrate for trial before the Sessions Court. A charge under section 148, IPC against all the five assailants and under section 302, IPC against both the appellants and under sections 302/149, IPC was framed against all the three respondents in State Appeal and charge under section 326, IPC was framed against Parsa Singh Respondent and under sections 326/149, IPC against the remaining four accused; under section 323, IPC against Pal Singh and Surat Singh and against the remaining three under sections 323/149 IPC.