GURMEJ SINGH, BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Criminal Appeal No. 468-DB of 1998 filed by Gurmej Singh and Criminal Appeal No. 51-DB of 1999 filed by Boota Singh.

(2.) Case of the prosecution is that Gurmel Singh deceased was working in Railway Coach Factory, Kapurthala. He was on leave and had come to his Village Haraj. On 2.11.1992 at 11-15 P.M., he was sleeping in his house with other members of the family. The house was in the fields. His neighbor Balwinder Singh PW-4 gave a call to him in the night. He told him that two miscreants came and caught hold of him and threatened him. One of them was having a weapon like gun. However, they went away. Gurmel alongwith his father Vir Singh PW-11 and Mukhtiar Singh, who was also his neighbour, went to the house of Balwinder Singh. His wife Darshan Kaur PW-5 disclosed that the accused were compelling her to accompany them. She, however, managed to escape on the pretext of going fog urination. She further disclosed that she identified one of the two accused to be Buta Singh, who belonged to the same village. The complainant party proceeded to the house of Mohinder Singh, Sarpanch PW-7. On the way, the accused were standing. Companion of Buta Singh was having gun. The complainant party asked them about their identity. The accused straightened the weapon in their possession to fire but could not fire. Vir Singh remarked that the weapon was fake. They tried to escape. Balwinder Singh and Vir Singh caught hold of Buta Singh. Other members of the complainant party chased the other assailant. Gurmel Singh tried to catch hold of other accused who fired a shot which hit Gurmel Singh. He raised alarm. Buta Singh also managed to escape. Gurmel Singh fell down. He was taken to the hospital, where he was examined and his statement was recorded by SI Baldev Singh PW-17. Gurmel Singh was referred to Christian Medical College, Ludhiana. He was admitted there on 4.11.1992 at 9-15 A.M. and he died on 8.11.1992. ASI Sajjan Singh PW-16 prepared the inquest report and sent a request for post-mortem examination of the dead body. PW-1 Dr. Kulwant Singh conducted the post-mortem examination and found the cause of death to be septicaemia as a result of injuries which were sufficient to cause death in the ordinary course of nature. SI Baldev Singh PW-17 took the clothes of deceased in his possession and after completing investigation, put up the final report.

(3.) The prosecution examined Dr. Kulwant Singh PW-1, Thomas Jeorge PW-2, Dr. M.M.S. Dhillon PW-3, Balwinder Singh PW- 4, Darshan Kaur PW-5, Kesar Singh PW-6, Mohinder Singh PW-7, Constable Joginder Singh PW-8, ASI Gurmohan Singh PW-9, HC Baldev Singh PW-10, Vir Singh PW-11, Sunder Singh PW-12, Constable Baldev Singh PW-13, Constable Dalbir Singh PW-14, Constable Ram Parkash PW-15, ASI Sajjan Singh PW-16, SI Baldev Singh PW-17, HC Harbhajan Singh PW- 18, HC Satnam Singh PW-19, E. Rai Singh PW-20 and Constable Om Parkash PW-21.