SUKHWINDER SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE brief facts of the case on the basis of which the appellants have been convicted and sentenced by the trial court under Sections 302, 326 and 324 read with Section 149 of the Indian Penal Code, are broadly narrated as under :-

(2.) THE appellants Sukhwinder Singh, Mehnga Singh, Balwinder Singh, Mehal Singh and Joginder Singh including two other accused Lakhwinder Singh and Kulwinder Singh (hereinafter referred to as the accused Nos. 1, 2, 3, 6, 7 and 4 and 5 respectively) after forming an unlawful assembly with common object to cause the death of Taran Singh and injuries to Chan Singh being armed with deadly weapons such as Gandasa, Sua, Pistol and dangs committed the murder of deceased Taran Singh and caused grievous and simple injuries on the person of PW1 Chan Singh. According to the prosecution the said two accused Lakhwinder Singh (accused No.4) and Kulwinder Singh (accused No. 5) happen to be the real brother of accused Nos. 1 to 3 and son of accused No. 6 respectively. Accused Joginder Singh happens to be a common friend of all the other accused. The complainant Swaran Singh PW2 who is the real brother of the deceased Taran Singh and Chan Singh PW1, made a statement Ex.PA before ASI Gurmit Singh PW12 at 10 PM on 21.11.1988 stating that he is a resident of village Talwandi Malak and by profession is an agriculturist. According to him, the accused Lakhwinder Singh and Mehal Singh some 5/6 years prior to the occurrence arranged his matrimonial alliance from village Mehs and later on their relations became strained so much so the complainant was not on speaking terms with them. Some two years back the complainant party refused to withstand the matrimonial tie for which the accused became sore and were bearing a grudge against them.

(3.) ASI Gurmit Singh who recorded the statement of the complainant Swaran Singh on the basis of which F.I.R. No. 161 was registered received ruqa No. 159 dated 21.11.1988 Ex.PT from the Hospital informing him about the admission of the deceased and the injured PW1 in the hospital. The police party reached in the hospital at 8.45 PM and application Ex.PR was preferred before the doctor to ascertain his opinion whether the deceased Taran Singh was fit to make a statement or not. He gave his opinion Ex.PR/1 that Taran Singh was unfit to make a statement. Accordingly they moved another application seeking the opinion of the doctor as to whether the injured Chan Singh was fit to make a statement and the reply made by the doctor under Ex.PS.1 was that he too was not fit to make a statement.