AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8th August. 1994, passed by the Sessions Judge Ferozepore. By this judgment, the learned Sessions. Judge. Ferozepore, convicted appellant Balkar Singh under Section 302 Indian Penal Code and Avtar Singh appellant for an offence under Section 302 read with Section 34 Indian Penal Code. Both the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each and in default of payment of fine, they were ordered to undergo RI, for six months.

(2.) Briefly stated, the case of the prosecution is that Kehar Singh deceased who was the brother-in- law of Gurbachan Singh (P.W. 2) and brother of Mukhtiar Kaur (P.W. 3) wife of Gurbachan Singh, had come to live with his said brother-in-law and. sister at their place in village Bahawalpur, for helping them in cultivation eight/nine months prior to the date of occurrence. The appellant Avtar Singh and appellant Balkar Singh are real brothers and they were residing in the neighbourhood of said Gurbachan Singh. It has been alleged by the prosecution that on 24th September, 1993, at about 6 P.M. a dispute arose between appellant Avtar Singh and deceased Kehar Singh as Avtar Singh complained to Kehar Singh as to why he had visited his house in his absence. It is further alleged that Gurbachan Singh, P.W. 2 got the matter settled between them with the help of Karnail Singh Lambardar and thereafter Gurbachan Singh brought Kehar Singh deceased to his house. It is further alleged that on the same day at about 6.30 P.M. Gurbachan Singh (P.W. 2) and Kehar Singh deceased were sitting in front of their house when appellant Avtar Singh who was armed with Kasia and his brother Balkar Singh (also appellant herein) who was armed with Gandasa came there and told the deceased Kehar Singh that they had come to teach him a lesson for coming to their house. On this, Kehar Singh got up and ran away and both the appellants ran after him along with their weapons while calling him names. P.W. 2 Gurbachan Singh is alleged to have raised raula (alarm) not to kill him and ran towards them. It is further alleged that on hearing the alarm, Mukhtiar Kaur (P.W. 3) also come outside from the house through the little door and she also raised alarm but within the sight of Gurbachan Singh and Mukhtiar Kaur, Avtar Singh gave Kasia blow from its reverse side to Kehar Singh while he was running and Balkar Singh gave a Gandasa blow, which hit him on his head and as a result of which he fell down in the street. Meanwhile, both the appellants ran away along with their respective weapons towards the house of Avtar Singh. It is further alleged that Gurbachan Singh and P.W. 3 Mukhtiar Kaur found blood oozing out from the head of deceased Kehar Singh and they found that he had died at the spot. Thereafter, P.W. 2 Gurbachan Singh gave information about this occurrence to Sarpanch Major Singh and Sukhwinder Singh and meanwhile, Karnail Singh Lambardar reached the spot. After leaving Karnail Singh Lambardar and P.W. 3 Mukhtiar Kaur for guarding the dead body, P.W. 2 Gurbachan Singh along with Sarpanch Major Singh came to the Police Station Zira, which is at a distance of 5 miles from village Bahawalpur, on a tractor for lodging the report. The statement of Gurbachan Singh was recorded on 24th September, 1993 at 8.15 p.m. and on the basis of this statement, F.I.R. Exhibit PD was recorded at Police Station Zira. The special report reached the Ilaqa Magistrate at 10 P.M. on the same day.

(3.) Thereafter, S.I. Gurmail Singh, S.H.O. P.S. Zira (P.W. 6) accompanied by the complainant Gurbachan Singh and Sarpanch Major Singh went to the place of occurrence where the dead body of Kehar Singh was laying in the street in village Bahawalpur. He prepared the inquest report, Exhibit PB and entrusted the dead body to Constable Baldev Singh and PHC Volunteer Kashmir Singh for post-mortem examination. Then, he lifted the blood -stained earth and simple earth from the place of occurrence and then both were put in separate parcels and taken into possession through memo Exhibit PE. He prepared rough site plan Exhibit P0 with marginal notes. Constable Baldev Singh produced the clothes of the deceased, which were taken into possession through memo Exhibit PQ and on return to the Police Station, he got deposited the case property with MHC Harbans Singh with seals intact.