GURDAS AND ANOTHER Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is brought from the judgment of the Sessions Judge, Kapurthala, in a case under section 302 read with section 149 of the Indian Penal Code convicting Gurdas (aged 50 years) and his son Baldev Singh (aged 13 years) under section 304 Part -I of the Indian Penal Code and sentencing Gurdas to life imprisonment, and Baldev Singh to four years' rigorous imprisonment.

(2.) THE prosecution case seems to have emanated from the first information report instituted by one Kesar Kaur at 3 45 P.M. on 4th September, 1974 and the allegation made was that about 10 P.M. on the previous night, that is on 3rd September 1974, Puna wife of Gurdas came to her house and brought Jit Singh deceased along with her under the pretext that she had to make certain enquires from him. Accordingly, Jit was brought by Puna to her house and the prosecution case was that her husband Gurdas, her son Baldev and three others - -Rur Singh, Krishan Singh and Surjit Singh (since acquitted) - -gave Jit a beating with dangs with the result that he subsequently died in the hospital. According to Kesar Kaur after some time they heard a raula at the house of Puna and went there. At that time they found Jit being beaten by the accused. However, upon seeing them, the accused bolted the door of their house from inside. Therefore, Kesar Kaur and others came back apparently without taking any steps to rescue Jit. They did not either go to the police station to institute the first information report. On the next day at about 3 P.M., Kesar Kaur learnt that Jit had died in the hospital. She went there and her statement was recorded by Naranjan Singh I.A.S. who was available at the hospital. On the basis of that statement, the first information report (Exhibit P.A.) was recorded at Sadar Police Station, Kapurthala at 3.45 P.M. on 4th September 1974 giving rise to the present case Naranjan Singh I.A.S. had received prior report from Gurdas himself which he recorded at 4 A.M., on 4th September 1974. In that report, it was submitted that Jit had scaled over the wall of the house of Gurdas at about 11 P.M. on 3rd September 1974. His intention was to molest the young girl of Gurdas and upon a hue and cry being raised Jit was caught hold of by the accused. They had tied Jit with the rope and closeted him inside the house. Therefore, Gurdas instituted the first information report at 4 A. M. on 4th September 1974 at the Police Station Sadar and Naranjan Singh A.S.I. went to the spot and recovered Jit from the house of Gurdas in an injured condition. Jit was sent to the hospital where Dr. Pushpa Dhir made him sit at the out -patient department. Subsequently, Jit having received multiple injuries died in the hospital. His autopsy was performed by Dr. Pushpa Dhir at 5.30 P.M. on 4th September 1974 and she found 21 multiple abrasions and bruises on his person. According to the opinion of the doctor the injuries collectively caused respiratory failure and that was the cause of the death. On these facts and allegations a case under section 302, Indian Penal Code, was sent up against Gurdas, his son Baldev and the other three accused including Puna who were acquitted.

(3.) THE prosecution in order to prove their case produced, legal witnesses including the eye -witnesses Kesar Kaur (P.W. 1) and Dalip Singh (P.W. 4), both mother and brother of the deceased. Chanan Singh (P.W. 3) Sarpanch was also the eye -witness. Dr. Pushpa Dhir (P.W. 2) came to prove the injuries. The investigating Officer was Naranjan Singh (P.W. 8) of the Sadar Police Station Kapurthala. The accused did not produce any defence.