GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal No. 543-DB of 2005 filed by Gurmukh Singh, Gulzar Singh and Jaila against their conviction including conviction under Section 302 IPC and sentence of life imprisonment and other sentences and Criminal Revision No. 1354 of 2005 filed by the complainant Nachhattar Singh, challenging acquittal of Pyara Singh co- accused and enhancement of sentence of the appellants Gurmukh Singh, Gulzar Singh and Jaila.

(2.) CASE of the prosecution is that on the night intervening 30.11.2001 and 1.12.2001 at 9.30 P.M., Nachhattar Singh (PW-1) and his son deceased Chamkaur Singh had gone to pay obeisance at Gopal Mochan Baba Tilla in village Dakala. Both of them went out to take tea on the main gate. Jagga Singh co-accused (who was declared juvenile to be tried by the juvenile Board) armed with knife, Gurmukh Singh armed with rod, Gulzar Singh armed with Takua, Jaila armed with spear and Pyara Singh (since acquitted), empty handed, encircled Chamkaur Singh. Jagga gave knife blow near testicles of Chamkaur Singh (which proved fatal) while Gurmukh Singh gave blow of rod on the left shoulder. Gulzar Singh gave Takua blow on right shoulder and Jaila gave spear blow on the head of Chamkaur Singh. Jaila also gave another blow on the right side of the chest of Chamkaur Singh. Pyara Singh raised lalkara that Chamkaur Singh be not left alive. Nachhattar Singh (PW-1) raised alarm, which attracted Hakam Singh (PW-2), Naurang Singh and other persons. The accused fled away with their weapons. Nachhattar Singh took the injured to Rajindra Hospital, Patiala. Chamkaur Singh died near the gate of the hospital. Nachhattar Singh leaving the deceased in the dead house in the care of Hakam Singh and Naurang Singh, proceeded to lodge report. ASI Darshan Singh met him on the way, who recorded his statement. The reason for the occurrence was that the accused were seeing the girls of the courtyard of the deceased with evil eyes, which was objected to by the deceased. Statement of Nachhattar Singh was recorded by Darshan Singh (PW-6), which led to registration of FIR. Darshan Singh (PW-6) went to the hospital, prepared inquest report, sent a request for post-mortem examination, recovered the clothes of the deceased and after completing the investigation, sent up the accused for trial. Post-mortem examination was conducted by Dr. S.S. Oberoi (PW-8) who found the following injuries :-

(3.) THE accused denied the prosecution allegations and stated that they were involved on account of suspicion, enmity and party faction. The accused examined Amar Nath, Assistant Librarian of Rajindra Hospital, Patiala as DW-1, Dr. Kuldip Singh as DW-2, Amar Singh as DW-3 and Dr. Rajinder Garg as DW-4. After considering the evidence on record, the trial Court convicted and sentenced the appellants. The reasons and observations of the trial Court can be summarised as under :-