AJIT MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two appellants Ajit Masih and Kaka Masih along with two other accused namely Lakha Singh and Jagira were brought to trial before the Court of Session at Amritsar for committing the murder of Harbhajan Singh. Lakha Singh and Jagira accused were acquitted of the charge of murder. Ajit Masih and Kaka Masih, however, stand convicted under Section 302 read with section 34, Indian Penal Code and each of them has been sentenced to life imprisonment and a fine of Rs. 5,000/- or in default to undergo further rigorous imprisonment for two years. They appeal.

(2.) THE victim of the crime is Harbhajan Singh. The prosecution case herein has no eye witness of the occurrence and rests entirely on circumstantial evidence. It emerges therefrom that Joginder Singh PW had installed a flour mill in the Haveli adjacent to his residential house in village Hardoputli. Harbhajan Singh his son used to sleep there at night in order to keep a watch over it. As usual, he went to the Haveli at about 10 p.m. on the night intervening 23/24.6.1984 after having taken his meals at his house and slept there. It is alleged that on the following morning at about 6 a.m. when Joginder Singh went to the Haveli to awake his son Harbhajan Singh, he found his dead body lying on a cot in a pool of blood. He also noticed two injuries caused with sharp-edged weapon on his neck and one on right upper arm. Joginder Singh went to Police Station Ram Das and lodged the FIR Ex. PE regarding the said incident with Charan Dass Assistant Sub Inspector at 8.15 a.m. Joginder Singh had the suspicion that Lakha Singh (accused) Granthi of the Gurdwara had installed a tubewell bore to irrigate the land of Gurdwara but somehow he (Joginder Singh) had removed that bore from the area and thus Lakha Singh bore grudge against him and probably killed his son.

(3.) DR . Rakesh Tiwari PW 1 conducted autopsy on the dead body of Harbhajan Singh on 24.6.1984 at 3.30 p.m. and found 5 incised wounds as detailed in the post-mortem report Ex. PA. Death was opined to be due to shock and haemorrhage as a result of injury to carotid vessels which was sufficient to cause death in the ordinary course of nature. After necessary investigation, Ajit Singh, Kaka Masih and Jagira were challaned and committed. Since Joginder Singh had suspected Lakha Singh as one of the culprits, the Additional Public Prosecutor moved an application for summoning Lakha Singh as co-accused. That application was allowed by the learned Additional Sessions Judge, Amritsar and Lakha Singh was summoned and also charged for murder along with three other accused already committed to the Court of Session.