SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 350 DB of 2005, filed by Sukhwinder Singh, Labh Singh, Avtar Singh and Bakhtaur Singh; Criminal Appeal No. 373 DB of 2005 filed by Manjit Singh; Criminal Appeal No. 401 DB of 2005 filed by Narain Datt and Prem Kumar, accused, who stand convicted under Sections 302, 302/149, 148, 323, 324, 326 IPC and sentenced to life imprisonment, apart from other lesser sentences. This order will also dispose of Civil Writ petition No. 2147 of 2008 filed by Rajinder Pal Singh, complainant, seeking quashing of grant of pardon to accused Narain Datt, Prem Kumar and Manjit Singh under Article 161 of the Constitution vide orders dated 28.7.2007, 20.7.2007 and 24.7.2007 of the Governor of Punjab, during pendency of their appeals against conviction.

(2.) CASE of the prosecution is that on 3.3.2001, Dalip Singh deceased, Gurnam Singh PW6, Beant Singh and Rajinder Pal Singh PW5, all residents of Village Mehal Kalan had gone to the Court Complex of Barnala in connection with the hearing in Criminal Case FIR No. 67 of 1997 pertaining to Police Station Mehal Kalan. The case was adjourned to 5.4.2004. Manjit Singh, Prem Kumar, Narain Datt, Sukhwinder Singh, Labh Singh, Avtar Singh and Bakhtaur Singh had also come to the Court Complex to attend proceedings in a complaint case of Manjit Singh, which was also adjourned. At about 11.15 A.M., Dalip Singh, Gurnam Singh, Beant Singh and Rajinder Pal Singh had hardly reached near the cabin of typists, with a view to board their own car, that Sukhwinder Singh, Labh Singh, Avtar Singh armed with kirpans, Bakhtaur Singh armed with 'Ghop', Manjit Singh armed with 'kirch', Prem Kumar and Narain Dutt empty handed who were standing behind the cabins, attacked them. Manjit Singh gave 'lalkara' asking the co-accused to take revenge for Kiranjit Kaur and not to allow them (the complainant party) to escape. Labh Singh gave kirpan blow aiming at the head of Beant Singh, who raised his hands and the blow hit his right hand. Sukhwinder Singh gave 'kirpan' blow aiming at the head of Dalip Singh but since he raised his hands, the blow hit his right hand. Bakhtaur Singh gave blow of his 'ghop' to Dalip Singh hitting on his head. Prem Kumar and Narain Datt caught hold of arms of Dalip Singh and Bakhtaur Singh gave another 'ghop' blow on the head of Dalip Singh. Bakhtaur Singh gave blow of his kirpan on the left leg of Gurnam Singh. Bakhtaur Singh gave three consecutive blows of 'ghop' on the left cheek, back of the chest and left thigh of Gurnam Singh. Manjit Singh gave blow of his 'kirch' hitting Rajinder Pal Singh on the right hand. He gave another blow of 'kirch' hitting Rajinder Pal Singh on the left hand thumb. Sukhwinder Singh hit Gurnam Singh on the back by the handle of his kirpan. The injured raised alarm, which attracted Amarjit Singh, Balbir Singh and Jit Singh. Gurdeep Singh also came to the spot. The injured were taken to the hospital. On receiving a message from the hospital, Surinder Pal Singh, SHO PS Kotwali PW9 went to the hospital and sought opinion of the doctor about fitness of the injured to make statement. Beant Singh was declared fit to make statement and his statement Ex. PU was recorded at 2.30 P.M., which led to registration of FIR. A copy of special report reached the Magistrate at 4.55 P.M. on the same day. Statements of Rajinder Pal Singh and Gurnam Singh were also recorded. However, Dalip Singh was not declared to be fit to make statement and was referred to Rajindra Hospital, Patiala. He was shifted to Dayanand College and Hospital, Ludhiana. PW 9 visited the place of occurrence, recovered blood stained earth, prepared rough site plan and took other steps. ASI Gulab Singh PW11 visited the hospital at Ludhiana and sought opinion of the doctor about fitness of Dalip Singh to make statement and the same process was repeated every day from 5.3.2001 to 12.3.2001 but on each occasion, he was declared unfit to make statement. Dalip Singh died on 12.3.2001 at 4.30 PM. On 8.3.2001, accused Bakhtaur Singh, Labh Singh and Avtar Singh were arrested. In pursuance of disclosure statement of Bakhtaur Singh, 'ghop' was recovered. On disclosure statement of Labh Singh, kirpan was recovered. On disclosure statement of Avtar Singh, kirpan was recovered. On 14.3.2001, Sukhwinder Singh was arrested and in pursuance of his disclosure statement, kirpan was recovered. Vide report Ex.PRR to the FSL, the 'ghop', three kirpans and soil recovered from the place of occurrence, were found to be stained with human blood. Post mortem of Dalip Singh was got conducted on 13.3.2001 at Civil Hospital, Ludhiana. Manjit Singh, Prem Kumar and Narain Datt were kept in column No. 2 by the I.O. They were, however, summoned under Section 319 Cr.PC., vide order dated 19.9.2001. The prosecution sought to withdraw the case against Manjit Singh, Narain Datt and Prem Kumar under Section 321 Cr.PC which was disallowed by the trial Court vide order dated 7.11.2002 against which Criminal Revision Nos. 2248 and 2413 of 2002 were dismissed by this Court vide order dated 14.10.2003.

(3.) HE also medically examined Beant Singh at 12 noon on the same day and found following injuries :-