DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh appellant, and his brother Mehar Singh were prosecuted for causing death of their third brother Ajmer Singh in the Court of Sessions Judge, Faridkot, who acquitted Mehar Singh but convicted Darshan Singh under Section 302 of the Indian Penal code and sentenced him to life imprisonment and a fine of Rs. 1,500/- and in default of payment of fine to undergo further rigorous imprisonment for six months. Darshan Singh was further convicted under Section 326 Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 500/- and in default to undergo further rigorous imprisonment for three months, for causing grievous injuries to Tej Kaur wife of Ajmer Singh who was injured in the incident. Feeling aggrieved Darshan Singh has filed this appeal.

(2.) PROSECUTION case is that is on 24.10.1985, at about 8.00 p.m. Tej Kaur PW had gone to their fields along-with her husband Ajmer Singh deceased to irrigate their land. Their son Jaskaran Singh alias Happy, aged about 8 years was also with them. Darshan Singh and Mehar Singh were already present in the fields and were irrigating their land. As the vari time of Darshan Singh was over and he was irrigating the field although he was not entitled to according to the schedule, Ajmer Singh asked Tej Kaur, to divert the water to their land and she diverted it. Darshan Singh and Mehar Singh altercated with the deceased and Mehar Singh gave two Kassia blows from the sharp side on the head of the deceased. Ajmer Singh fell down. Darshan Singh appellant also caused blows with his Gandasa hitting deceased on his chin and thigh. Both Darshan Singh and Mehar Singh gave 4/5 more blows to the deceased using reverse side of their weapon. Darshan Singh gave Gandasa blow to Tej Kaur hitting her on her head; another blow hitting on her left arm. She fell down. Then Mehar Singh caused her two more blows with his Kassia. Both the accused gave further blows to her with the reverse side of the weapons. She also acted in self-defence and caused injuries to Darshan Singh.

(3.) SUB -Inspector Rajinder Kumar after recording the first information report went to the place of occurrence, prepared inquest report and sent the dead body for post mortem examination. He took the blood stained earth from two place. Darshan Singh was arrested on 25.10.1985 and Gandasa Exhibit P1 which he was carrying at the time of arrest was taken into possession vide memo Exhibit PM. Mehar Singh was arrested on 28.10.1985. Gandasa Exhibit P1 taken into possession from Darshan Singh was found to be stained with blood and it was reported to be of human origin vide report of the Director Forensic Science Laboratory Exhibit PR. The blood stained earth which was sealed into a parcel was also found to be stained with human blood.