DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE two criminal appeals namely; criminal appeal No. 195-DB and criminal appeal No. 167-DB of 1994 directed against the judgment of Additional Sessions Judge, Jalandhar dated 29-3-1994 whereby he has convicted Surjit Singh (appellant in criminal appeal No 195-DB of 1994) and Daljit Singh (appellant in criminal appeal No. 167-DB of 1994) under Sections 302, 302/34 IPC respectively and , has sentenced them to undergo imprisonment for life and to pay fine of Rs. 5000.00 each or in default of payment of fine to further undergo rigorous imprisonment for one year each, will be disposed of through this common judgment. According to the case set up by the prosecution at the trial, facts are as follows :

(2.) LACHHMAN Singh, Gulzar Singh, Sohan Singh, Santokh Singh and Harvinder Singh are sons of Tara Singh of village Dhaliwal, P. S. Nakodar, Lachhman Singh and Gulzar Singh are bachelors while Sohan Singh, Santokh Singh and Harvinder Singh are married. Harvinder Singh is away to Libya. They are all joint in cultivation. They have 'behak' in their fields for tethering cattle. They have also one tubewell kotha and adjoining to that, pucca veranda for tethering cattle in their fields. Lachhman Singh and Gulzar Singh used to sleep for the night in the tubewell kotha for guarding cattle tethered in the veranda while Sohan Singh and Santokh Singh used to reside in the village with the rest of the members of their families. On the night intervening 3/4-11 -1990 also, as usual, Lachhman Singh and Gulzar Singh slept in their behak. Gulzar Singh slept in the tubewell kotha while Lachhman Singh slept in the veranda. Electric bulbs were burning inside and outside the tubewell kotha. At about 1. 00 A. M. there was sound produced by the striking of the door against the wall. Similarly, mur-muring between few persons became audible to Lachhman Singh. Lachhman Singh at once got up. He (Lachhman Singh) peeped through the window as its one flank was dislocated from the hinge and saw Daljit Singh alias Jita son of Gian, Singh holding the head of Gulzar Singh and pressing it while Surjit Singh alias Sita holding Kulhari in his hand dealing blows to Gulzar Singh on his neck. One blow hit him on the adam's apple-jugular vein towards the front side and the other blow hit him towards the right side. As a sequel to these injuries, blood began oozing out profusely. Gulzar Singh while writhing with pain succumbed to his injuries on the cot. Lachhman Singh identified Surjit Singh and Daljit Singh in the electric light. They were standing in the vacant space in front of the tubewell kotha after committing the murder of Gulzar Singh. Santokh Singh and Sardara Singh alias Lubhaya son of Dhanna Singh came from the side of Village Dhaliwal as they were to operate joint tubewell for watering their fields. On seeing them, Lachhman Singh raised raula marditta-marditta. Santokh Singh and Sardara Singh alias Lubhaya came rushing towards the tubewell kotha while raising raula "catch hold of the assailants. " Surjit Singh and Daljit Singh ran away with that kulhari towards kacha road. Lachhman Singh, Santokh Singh and Sardara Singh alias Lubhaya sat near the dead body, guarding it. They kept sitting near the dead body guarding it as it was night time and also they were fearful of the assailants lest they should way lay them and harm them. None of them could go for lodging report during the night. While running from the spot after the commission of murder of Gulzar Singh, Surjit Singh proclaimed that he had avenged the insult by committing the murder of Gulzar Singh as he had been accused of molesting Paramjit Kaur daughter of Sohan Singh (niece of Gulzar Singh, Lachhman Singh, Santokh Singh and Harvinder Singh ). On 2-11-1990 at about 2. 00 P. M. Surjit Singh had caught hold of Paramjit Kaur daughter of Sohan Singh while she was going and taken her in the cotton fields of Tara Singh with a view to ravish her and gratify his lust on her, tried to break opjn to string of her salwar. He could not ravish her and gratify his lust on her as she kept raising raula loudly, and abusing him and also her mother Swaran Kaur and Sardara Singh son of Dhanna Singh came there rushing towards cotton fields, raising lalkaras. Matter was brought to the notice of the Panchayat. The Panchayat continued exploring the possibility of compromise. Compromise could not be reached because of non-appearance of Surjit Singh in the Panchayat. Gulzar Singh was insisting upon reporting the matter to the police and avenging the invasion made by Surjit Singh for attempt at outraging the modesty of Paramjit Kaur. Surjit Singh alias Sita hatched conspiracy with his friend Daljit Singh alias Jita and murdered Gulzar Singh in pursuance of that conspiracy. Lachhman Singh reported the matter to ASI Harbans Singh while he was on way to police Station on 4-11-1990 at about 9. 0 A. M. ASI Harbans Singh recorded statement Ex. PA and sent statement Ex. PA to Police Station, Nakodar for the registration of the case against the accused. On the basis of statement Ex. PA, Case FIR No. 131 was registered at Police Station, Nakodar under Sections 302, 302/34, 376/34 read with Section 511 IPC.

(3.) WITH a view to bring home to the accused (appellants herein) the charge levelled against them by the prosecution, the prosecution examined Lachhman Singh PW 1, Paramjit Kaur PW 2, Naranjan Singh PW 3, Swaran Kaur PW 4, Dr. Shangara Singh PW 5, Santokh Singh PW 6, Mohinder Singh PW 7 and ASI Harbans Singh PW 8. Besides, the prosecution tendered into evidence affdavits Ex. PF and Ex. PG of formal witnesses and report of the Director Forensic Science Laboratory Ex. PH. Sardara Singh PW was given up as won over. Sohan Singh, Tarsem Singh, Darshan Singh, Constable Kulwinder Singh and Swaran Singh were given up as unnecessary.