STATE OF PUNJAB Vs. MAJHAIL SINGH

JUDGEMENT

(1.) WHEREAS the State through Criminal Appeal No. 34-DBA of 1993 calls in question the judgment of the learned Additional Sessions Judge, Hoshiarpur dated August 4, 1992 vide which accused Narinder Singh @ Kala, his real brother Mohinder Singh and father of these two accused Majhail Singh, even though convicted under Section 304 Part II read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default thereof to undergo rigorous imprisonment for three months for causing death of Kulwant Singh as also six months rigorous imprisonment under Section 323 read with Section 34 IPC (sentences to run concurrently) were acquitted of the main charge against them under Section 302 read with Section 34 of the Indian Penal Code, the accused aforesaid through a separate Criminal Appeal filed by them bearing No. 295-SB of 1992 have challenged their convictions under Section 304 Part II read with Section 34 and Section 323 read with Section 34 of the Indian Penal Code as referred to above.

(2.) F .I.R. in this case was recorded on the basis of the statement made by Parkash Singh which was recorded by ASI Charan Singh, Police Station, Mahilpur. In his statement Ex. PF, Parkash Singh got recorded that he was resident of village Nangal Choran and was doing cultivation. He had land measuring 4/5 acres in the village. He had three children, eldest being a daughter Gurdip Kaur who was married. Younger to her is another daughter, namely, Kulwinder Kaur who was studying in B.A. Part I and younger to her was son Kulwant Singh alias Pappu who was studying in 10+2 in Government Senior Secondary School, Mahilpur. About six months back he had got purchased cloth worth Rs. 500/- on credit from Madan Cloth House, Mahilpur to Majhail Singh son of Chanan Singh on his surety. Majhail Singh did not return Rs. 500/- to the shopkeeper. On the date of occurrence i.e. June 30, 1991 at about 6.30 p.m. his wife Resham Kaur had asked Majhail Singh to make payment of cloth to the shopkeeper because he was demanding the same. At this, Majhail Singh hurled abuses to them. Her wife Resham Kaur, daughter Kulwinder Kaur, son Kulwant Singh and he himself were working in Haveli. He went ahead and while standing in his Taur (vacant site) he asked Majhail Singh as to why he was abusing them. At about 7.00 p.m. Majhail Singh son of Chanan Singh armed with a Lathi, Mohinder Singh son of Majhail Singh armed with a Datar and Kala son of Majhail Singh armed with a Takua attacked him. Majhail Singh gave a Lathi blow on his head. Mohinder Singh gave a Datar blow with its blunt side which hit below his left eye. He raised an alarm 'Mar ditta, Mar ditta' (killed, killed). On hearing the same, his son Kulwant Singh alias Pappu came there. His wife Resham Kaur and daughter Kulwinder Kaur also came to the spot. After inflicting injuries to him, Majhail Singh, Mohinder Singh and Kalu caught hold of his son Kulwant Singh and inflicted latent injuries to him, as a sequel of which his son Kulwant Singh became unconscious. That all of them, however, raised an alarm 'Mar ditta, Mar ditta' (killed, killed), as a result all the assailants ran away from the spot together with their respective weapons. After arranging conveyance, he alongwith Amarjit Singh alias Amba son of Kashmir Singh and Binder son of Ram Parkash Pandit, residents of Nangal Choran who had also come to the spot removed Kulwant Singh alias Pappu in an unconscious condition to Civil Hospital, Mahilpur for treatment. As his condition was serious due to latent injuries, the doctor referred him to Civil Hospital, Hoshiarpur. He was also medically examined. Formal F.I.R. Ex.PF/2 on the basis of the statement made by Parkash Singh came into being at 10.05 p.m. on June 30, 1991. Initially the F.I.R. was recorded under Sections 308/323/34 IPC but at 12.10 a.m. on the next date i.e. intervening night of 30th June and 1st July, 1991, the offence was converted under Section 302 of the Indian Penal Code. The Special Report reached the Judicial Magistrate, Hoshiarpur on July 1, 1991 at 10.00 a.m.

(3.) DR . Inder Mohan Sood, M.O., Civil Hospital, Hoshiarpur, was examined as PW-9. He had conducted post-mortem on the dead body of Kulwant Singh alias Pappu. He had found following injuries on the dead body of Kulwant Singh :-