UGGAR SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARMEL Singh PW1 and Gurtej Singh are real brothers of Gurmel Singh deceased. The last named was the eldest, the next in seniority being Harmel Singh followed by Gurtej Singh. After tethering the cattle on 7.2.1996, Gurmel Singh left for an open site in the fields to be able to answer the call of nature, at about 7 AM. He was closely followed by PW 1 Harmel Singh for that very purpose. Gurmel Singh was in the Panchayat land of which he was a lessee, for purposes of easing himself. At that point of time, the two appellants (Uggar Singh and Harbans Singh (along with the acquitted accused Udey Singh) emerged from the mustard crop field situated nearby.

(2.) THE appellants, who are real brothers inter se, were armed with a Gandhali each. Uggar Singh raised a Lalkara exhorting the other appellant to teach a lesson to Gurmel Singh for getting the water course demarcated. Thereupon, both the appellants gave Gandhali blows on the various parts of body of Gurmel Singh. The appellants fled the spot when Harmel Singh moved to rescue Gurmel Singh. In the meantime, PW 2 Gurtej Singh also reached the spot. The appellants had taken away their weapons of offence while fleeing from the spot. Gurmel Singh succumbed to the injuries at the spot. Harmel Singh left for the police station after leaving Gurtej Singh to guard the dead body. It was enroute that Harmel Singh met the police near the brick kiln of Shadi Ram and made statement Ex.PA, thereby notifying the offence to the police.

(3.) PW 1 Harmel Singh, PW 2 Gurtej Singh represent the ocular presentation segment, PW 3 Dr. Jugraj Singh had conducted the post mortem examination on the dead body of Gurmel Singh and had found the following injuries on his person: