SADHU SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from the judgment of Shri Jasneer Singh, Sessions Judge, Bbatinda dated January 22, 1966 convicting Sadhu Singh appellant under Section 302, Indian Penal Code and sentencing him to imprisonment for life.

(2.) THE appellant and his two brothers Chand -Singh deceased and Santu Singh, residents of village Puhli in the district of Bhantinda, were living in separate parts of the same house with a common courtyard and entrance gate. Badhu Singh was employed as a peon" in Government Middle School at Dayalpur Mirza. His wife, a patient of cancer, and their six children were residing in one part of the house. Chand Singh, residing in the second pant, was a vegetable seller. He bad a shop for sale of vegetables closely. The third brother Santa Singh resides in the third part of the house. Sadhu Singh who was in the habit of drinking liquor, came to the house at 8. 30 p. m. on August 11, 1965 when he was drunk. Chand Singh asked his brother, who is young, fir in age, to stop drinking especially when his wife was a patient of cancer, was ailing and money had to be spent on her treatment. Instead of appreciating the advice of his brother, Sadhu Singh resented the suggestion of refraining from the use of liquor. Sadhu Singh abused Chand Singh. In reply Chand Singh also abused Sadhu Singh. Upon this Sadhu Singh went into his room, brought out a naked Kirpan Exhibit P. 5 and gave a blow with it across the throat of Chand Singh. On receipt of the injury Chand Singh dropped down and expired soon thereafter.

(3.) THE occurrence was witnessed by Malta Singh P. W. 2, who visited the house of Chand Singh for purchase of vegetables because of the belated arrival of certain guests in his house. After finding his shop on the way closed, he arrived prior to the commencement of the altercation consequent upon the dissuasion of Sadhu Singh by Chand Singh from the habit of consuming liquor, in the house of Chand Singh and saw the occurrence of causing of injury with kirpan by Sadhu Singh to Chand Singh. Shrimati Gurdev Kaur P. W. 3, wife of Chand Singh, was also there when the hot words were exchanged between the two brothers and the fatal blow with the lethal weapon was delivered by Sadhu Singh to Chand Singh. At that time, she was feeding the cattle. The occurrence was visible to the two witnesses as a lantern Exhibit P. 7 was burning in the courtyard. Upon hue and cry, Hakim Singh P. W. 6 Panch of the village and Santu Singh brother of Chand Singh who at that time was out of the house, arrived there. Leaving them at the spot to guard the dead body, Malla Singh P. W. 2 proceeded to Police Station Nathans situate at a distance of 11/2 mile from village Puhli. The first information report giving the above account of the occurrence was lodged by the eye-witness Malla Singh at 10. 30 p. m. on the same day. After drawing up the report, Kuldip Chand P. W. 12 visited the spot at 12,05 a. m. on 12-8-1965, drew up the inquest report Exhibit PB, collected blood-stained earth and took the same into possession vide Exhibit P. J. and made recovery of bloodstained kirpan Exhibit P. 5, which was left by Sadhu Singh near the point of occurrence. Sheath Exhibit P. 6 was recovered from a corner of a room o? Sadhu Singh. Exhibit P. L, is the recovery memo in respect thereof. Prithi Singh P. W. 8 Sarpanch of the village produced Sadhu Singh before the Investigation Officer at 6-30 a. m. on August 12, 1965. At the time when he was taken in custody, banian Exhibit P. 2, Shirt Exhibit P. 8 and kachha Exhibit P. 4 which he was putting on, were found to be blood-stained. These clothes were removed from his person and memo Exhibit PE pertaining to their recovery was prepared. The dead body of the deceased was sent for post-mortem examination.