ARJUN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three separate criminal Appeals bearing No. 456-DB of 1994, 457-DB of 1994 and 507-DB of 1997 have been filed against the order of conviction and sentence recorded against the appellants Madan Gopal, Arjan Dass and Ram Dass holding them guilty of offence under S. 302 read with S. 34 of the Indian Penal Code and sentencing them to imprisonment for life and to pay a fine of Rs. 1,000/- each. In default of payment of fine, they have been ordered to further undergo R. I. for one month each.

(2.) On the statement of Ajit Raj son of Rakha Ram which was recorded by Satinder Singh ASI on 28th of January, 1994 at 10.30 a.m. F. I. R. Ex. PD came into being wherein it was mentioned that Ajit Raj was employed in the Water Supply Department and was posted at village Mamial for the last about three years. There was a place (tomb) of Baba Mehar Shah in the area of village Mamial towards the Eastern side of the bank of the canal where the general public used to come to pray according to their belief. Madal Gopal son of Durga Dass has been serving the tomb of Baba Mehar Shah by constructing a hutment there since long. Ram Dass son of Jag Jiwan Dass Bihari, Arjan Dass son of Sham Sunder Dass Brahmin, resident of Bindraban U. P. and Kaushal Dass also used to visit Madan Gopal. They used to stay together for many days. Kaushal Dass was on visiting terms with Madan Gopal resident of Awankha. Madan Gopal used to restrain Kaushal Dass from visiting his house. On this matter, quarrel had ensued so many times between Kaushal Das and Madan Gopal but the matter used to be patched up. Arjan Dass and Ram Dass used to help Madan Gopal. Now, they were staying there together for many days. On 26th of January, 1994, in the evening he had gone to the tomb of Baba Ji to pay his respects. After paying his respects, he had gone inside the hutment of Madan Gopal saint. As he had been previously visiting them, so he knew all of them very well. At that time, Madan Gopal, Arjan Dass and Ram Dass were quarrelling with Kaushal Dass. He went to the tubewell leaving them quarrelling. Yesterday in the evening i.e. on 27th of January, 1994, as usual he had gone to pay his respects at the tomb of Baba Jee. After paying respects, he per chance went inside the hutment and saw the dead body of Kaushal Dass lying inside the hutment and blood was oozing out but there was no other mark of injuries on the dead body. Madan Gopal, Ram Dass and Arjan Dass had committed the murder of Kaushal Dass by causing injuries during the intervening night of 26th/27th of January, 1994 and they have fled away. He further stated that due to darkness he could not go to lodge the report and now that he was going to lodge the same that A. S. I. met him. On the basis of statement given by Ajit Raj, formal F. I. R. Ex. PD/A came to be recorded as mentioned earlier by Satinder Singh ASI who has been examined as PW-5. Special Report with regard to the incident reached the Magistrate concerned at Pathankot on 28th of January, 1994 at 1.00 p.m. which was carried by Constable Dina Nath. The prosecution besides relying upon the statement of PW-1 Dr. D. V. Pathania who conducted the post-mortem on the dead body of Kaushal Dass also relied upon the statements of Ajit Raj PW-2, Dharam Singh PW-3, Chanchal Singh PW-4 and Satinder Singh ASI PW-5.

(3.) Dr. D. V. Pathania PW-1 stated that he had conducted the post-mortem examination on the dead body of Kaushal Dass. Dead body was brought by Constables Sukhdev Singh and Suman Kumar and it identified by Som Raj and Balwant Singh. The deceased had allegedly died due to sharp edged and blunt edged weapon wounds. Doctor found the following injuries on the dead body of Kaushal Dass.-