LAKHWINDER SINGH ALIAS GOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated November 11, 1994, passed by the Sessions Judge, Ludhiana, whereby the appellant has been convicted under Section 302/326 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 4000/-, and in default of payment of fine to undergo further rigorous imprisonment for one year for the offence under Section 302, IPC, and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of 3 months for the offence under Section 326, I.P.C. Both the sentences of imprisonment have been ordered to run concurrently.

(2.) The prosecution case is that Sant Singh (deceased) used to reside along with his brothers Ajmer Singh and Chhaju Singh in a separate house in village Baghaur, whereas his brother Joginder Singh resided in a separate house in the same village and still his another brother Jaswant Singh is a resident of Delhi. Sant Singh was in Military service and used to bring two bottles of Rum per month on the basis of a permit issued to him. On 24-6-1991 at 9.00 p.m., the appellant came and asked Sant Singh for one bottle of Rum. Smt. Harnam Kaur, the mother of Sant Singh, was present in the house at that time. On a refusal by Sant Singh, the appellant inflicted a number of injuries on the person of Sant Singh with a small kirpan (Exhibit P. 1.). Smt. Harnam Kaur came forward to save his son but the appellant inflicted one kirpan blow on her back. On an alarm raised by Sant Singh and Smt. Harnam Kaur, Joginder Singh rushed to the spot and witnessed the occurrence. In the meantime, Ajmer Singh, who had gone to the fields to ease himself, came there. The villagers also gathered there. Sant Singh and Smt. Harnam Kaur were taken by Ajmer Singh and others to the Civil Hospital, Samrala. The Medical Officer on emergency duty referred the injured persons to Civil Hospital, Ludhiana, prepared a ruqa (Exhibit PG) at 11.30 p.m. and sent the same to Police Station, Samrala, intimating that these persons had been brought to Civil Hospital, Samrala, in injured condition. Both the injured were taken and got admitted to Civil Hospital, Ludhiana, on that very night. Dr. Bimal Kanish (PW 4) examined Sant Singh on 25-6-1991 at 2.45 a.m. and found 35 incised wounds on his person and prepared Exhibit PE/1 the medico legal report along with Exhibit PE/1 and Exhibit PE/2, the pictorial diagrams showing the location of the injuries. At 3.30 a.m., the same doctor examined Smt. Harnam Kaur and found one incised wound on her person and prepared Exhibit P.F., the medico-legal report along with Exhibit PF/1, the pictorial diagram showing the location of the injury. He sent information as well as the medico-legal reports to Police Station, Samrala, through Police Station, Division No. 2, Ludhiana. At the time of their medical examination, both, Sant Singh and Harnam Kaur were fully conscious.

(3.) On 25-6-1991, on the receipt of a ruqa from Civil Hospital, Samrala, ASI Jasdev Singh (PW 6), along with a Constable and a S.P.O. reached Civil Hospital, Samrala, where he came to know that the injured had already been referred to Civil Hospital, Ludhiana. Accordingly, he along with his companions reached Civil Hospital, Ludhiana, and came to know that Sant Singh had already expired. On an application (Exhibit PH), Smt. Harnam Kaur was declared unfit to make statement, vide endorsement Exhibit PH/1, on 25-6-1991 at 1.20 p.m. Joginder Singh, brother of Sant Singh deceased, was found there. ASI Jasdev Singh recorded statement-Exhibit PJ made by Joginder Singh on 25-6-1991 at 2.30 p.m. in Civil Hospital, Ludhiana, made his endorsement Exhibit PJ/1 thereunder, and sent the same through Didar Singh, SPO of Police Station, Samrala, for registration of a case, on the basis of which formal first information report-Exhibit PJ/2 was recorded on 25-6-1991 at 3.40 p.m. vide DDR No. 14.