HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR murder of his father, Harbans Singh appellant herein has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs. 2,000/ -, in default, to further undergo R.I. for 6 months. He has also been convicted under section 201 of the Indian Penal Code and sentenced to undergo R.I. for three years and to pay fine of Rs. 1,000/ -, in default whereof to further undergo R.I. for three months. Both the sentences were, however, ordered to run concurrently. The order of conviction and sentence recorded by the learned Sessions Judge, Bathinda dated 10th of June, 1994 is under scrutiny in this Criminal Appeal No. 337 -DB of 1994.

(2.) OCCURRENCE leading to murder of Pakhar Singh as mentioned above father of the appellant herein was reported by Sukhdev Singh PW -2 cousin of the appellant on 31st of October, 1992 at 3.05 P.M. His statement was recorded by A.S.I. Jagmail Singh on the basis of which formal F.I.R. Ex. PD/2 came into being at 3.30 P.M. on the same day under section 302 read with section 201 of the Indian Penal Code. Special Report with regard to the incident reached the concerned Magistrate at Phul on the same day at 6.00 P.M. which was carried by Constable Resham Singh. Sukhdev Singh stated that he was resident of village Gill Khurd. They are three brothers. Raj Bahadur is the eldest. He was younger to him and Thana Singh was the youngest. His father had a brother Pakhar Singh who was his uncle and was elder to his father. His father's elder brother Pakhar Singh had about 10 -1/2 acres of land. He did not have good relations with his only son Harbans Singh. On account of that, his uncle (Taya) had taken half share of the land and was residing with him and his brother Thana Singh for the last about 10/12 years. Pakhar Singh's wife had died earlier. On 31st of October, 1992 at about 12.30 P.M. his mother Tej Kaur reached in their field known as Niaeen Wala field where he and his brother Thana Singh were collecting Narma crop and told them that Harbans Singh had focibly taken away his father Pakhar Singh from their house to his house. On hearing this, he ran towards the house of Harbans Singh and his brother, Thana Singh also followed him and when he after passing through the door reached the court -yard of the house of Harbans Singh appellant, he saw Harbans Singh causing injuries to his father Pakhar Singh with his Gandasa within his sight. The appellant gave a blow with his Gandasa which hit from sharp side on the right side of Pakhar Singh. On receipt of this injury, Pakhar Singh fell down. When Pakhar Singh had fallen down, appellant Harbans Singh gave one more Gandasa blow on the right ear of Pakhar Singh. He raised an alarm "do not kill, do not kill". In the meantime, his brother Thana Singh also reached the spot. Appellant taking the Gandasa then came towards them and out of fear they ran away in the street and stood at a distance. Then the appellant dragged the dead body of his father Palkhar Singh from inside of his house and threw the same in the pond in front of the house and then fled away towards circular road of the village with his Gandasa. When he and his brother came near the pond, they saw the dead body of Pakhar Singh lying in the pond with face downward. He gave information to Nahar Singh Panch about the occurrence and leaving his brother Thana Singh for guarding the dead body and taking Nahar Singh Panch along he was going to police station to lodge the information when ASI Jagmail Singh met them. Sukhdev Singh further stated that the cause of grudge was that Pakhar Singh was residing with them and he used to give the produce of half share of his land to them and for that reason the appellant had killed his father by causing injuries. After recording the statement of Sukhdev Singh, ASI Jagmail Singh along with police officials who were present at the bus stand of village Daulatpur for patrolling sent his statement to the police station through constable Karam Singh for getting the case registered.

(3.) THE prosecution with a view to substantiate its case examined Dr. Krishan Gopal Garg, S.M.O. Civil Hospital Rampura Phul as PW -1. The doctor stated that on 1st of November, 1992 at 8.00 A.M. he performed post -mortem examination on the dead body of Pakhar Singh who was 75 years of age. The length of the body was 5' -6" and was of a weak male, wearing shirt and chadra. Rigor mortis was present on all the four limbs. Post -mortem staining was present on the back. The doctor found the following injuries on the dead body of Pakhar Singh :