KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) REPLY by way of affidavit of Sh. Sukhdev Singh Saggu, P.P.S.-I, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant Mehal Singh (appellant No.3) filed in Court today is taken on record.

(2.) HEARD counsel for the parties.

(3.) IN the incident that occurred on 12.11.2004, the applicant Mehal Singh (appellant No.3) was armed with 'kahi' (spade). He is attributed a 'kahi' blow on the head of Upinder Singh. Doctor Satish Tiwari (PW-2) observed injury No.2 which is attributed to the applicant-Mehal Singh (appellant No.3) to be an incised wound 2 x . 5 cm present on the top of the head just on mid line of middle part of skull. The nature of the said injury has not been mentioned. However, since the applicant Mehal Singh (appellant No.3) has inter alia been convicted for the substantive sentence under Section 324 IPC, it is evident that the same is simple in nature. The main accused Kulwant Singh (non-applicant/appellant No.1) was armed with .12 bore single barrel gun with which he fired and caused the murder of Jaswant Singh (deceased). The entire family of Inder Singh has been involved in the case. Kulwant Singh (appellant No.1) is the son of Inder Singh, Ranjit Singh and Mehal Singh (appellants No.2 and 3 respectively) are the sons of Kulwant Singh (appellant No.1). Mal Singh (appellant No.4) who has been granted bail vide order dated 17.9.2008 is the son of Kartar Singh son of Inder Singh. It may be noticed that Upender Singh to whom injury is attributed to the applicant Mehal Singh (appellant No.3) has not been examined as a witness.