PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) PRITAM Singh and Bakhtwar Singh, both of village Dhurkot Ransin, not in any way related to each other but united merely by bond of friendship, were brought to trial under Section 302/34, I. P. C. before the learned Sessions Judge, Ferozepore, Pritam Singh on conviction under Section 302, I. P. C. has been sentenced to life imprisonment. Being of the view that there was no common intention to cause the murder of the deceased Jhanda Singh, the learned Judge has sentenced the second appellant Bakhtawar Singh to a term of four and a half years' rigorous imprisonment under Sections 326/34, I. P. C. Both the convicts have been represented in this Court by Mr. Mehra, who has argued the appeal on their behalf. There is also a revision petition (Criminal Revn. No. 410 of 1967) for enhancement of the sentence awarded to the appellants. This judgment will dispose of both the appeal and the revision petition,

(2.) PRITAM Singh, appellant, is the nephew of Jhanda Singh, deceased, his fattier Lal Singh being the brother of Jhanda Singh Karnail Singh, also a nephew of Jhanda Singh, was murdered about 10/12 years ago; Pritam Singh with his brothers Kalla Singh and Sita Singh were prosecuted for this crime, and Jhanda Singh, deceased, appeared as a prosecution witness. While Kalla Singh was found guilty and actually sentenced to death, Pritam Singh and Sita Singh were acquitted though in the first instance they were also sentenced to imprisonment for life. Kokra Singh, another brother of Jhanda Singh, had made a gift of his landed property in favour of Kalla Singh and Jhanda Singh had successfully challenged this alienation. Jhanda Singh had initiated partition proceedings against Lal Singh, father of Pritam Singh, appellant, in 1964 and Jhanda Singh was to appear in the Court of the Assistant Collector, Moga, on 25th of April, 1966. On that day, Pritam Singh had also to appear in a Court in Moga in a complaint case which had been brought by him against one Dev Singh, and the second appellant Bakhtawar Singh had already been examined as a prosecution witness.

(3.) JHANDA Singh, accompanied by his son Jodh Singh, was on his way from Dhurkot to Moga in the early morning of 25th of April, 1966. At 7 a. m. , they had reached as far as Baude, which is at a distance of about 3 miles from Dhurkot; the busstop from where a bus had to be boarded was only a few karams from Baude village where the occurrence took place. At a distance of 40 karams from the kotha of one Arjan Singh, the two appellants, armed with a gandasa each, came out from behind the reeds along the path and attacked Jhanda Singh with their weapons. While only one injury was given by Pritam Singh from the blade of the gandasa, the remaining seven blows were aimed from the wrong sides of the gandasas by the two appellants. A fairly consistent version has been given about the assault by Jodh Singh and Hardayal Singh, also a resident of Dhurkot and on his way to Moga to attend some business of his own in Court. Pritam Singh initiated the attack by giving a gandasa blow on the right ear. The second, third and fourth blows of Pritam Singh given from the wrong side of the gandasa were on the head, chin and right arm of Jhanda Singh. Bakhtawar Singh gave two injuries with the wrong side of the gandasa on the right deltoid while the third and fourth injuries were on the mouth and right eye of Thanda Singh, all given from the wrong side of the gandasa. By the impact of the blows given by Bakhtawar Singh the handle of the gandasa (Ext. PO-1) got separated from the blade (Ext. PO-2) and both of these were left behind. Pritam Singh carried away his gandasa with him. There was also spilling of blood at the spot where the assault took place. Jodh Singh leaving behind Hardayal Singh ran towards his village to fetch his tractor trolley and he had gone about 150 karams from there when Dalip Singh also a cultivator of Dhurkot, met him in the way. Jodh Singh related the occurrence to Dalip Singh and requested him to bring his tractor-trolley from the village. Dalip Singh went to village Dhurkot and brought the tractor-trolley driven by Gurbachan Singh, brother of Jodh Singh. Jagrup Singh and Dalip Singh also came in the trolley. Jhanda Singh bled profusely and had become unconscious. He was placed on a cot which had been brought from a house belonging to the carpenters in the neighbourhood. On arrival of the tractor-trolley Jhanda Singh was placed in it with a cot and they proceeded towards Civil Hospital, Moga, at a slow speed. The party reached Moga Hospital, which is at a distance of 16-17 miles from Baude, at about 10-50 a. m. He was examined at about 11 a. m. by Dr. Kuldip Singh, Radiologist, and he found eight injuries on his person, one being an incised wound on the right side of the face, four lacerated wounds, two contusions and one abrasion. He was unconscious and not in a fit condition to make a statement. There were three grievous injuries, besides the first injury on the right ear. Information was sent by Dr. Kuldip Singh to the police station, which is at a distance of about one and a half furlongs from the hospital at 11-30 a. m. On account of the critical condition of Jhanda Singh he was advised treatment at the V. J. Hospital, Amritsar, where he was taken by Jodh Singh. Jhanda Singh succumbed to his injuries and died at Amritsar on 29th of April, 1966 at 10 p. m.