BALWANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) FOR the murder of one Parkash of Palahi, Balwant Singh, Nahar Singh and Dev alias Gurdev Singh were indicted for the offence under section 302 read with section 34 of the Indian Penal Code. Since Dev alias Gurdev Singh absconded, Balwant Singh and Nahar Singh were tried by the Additional Sessions Judge, Jullundur. However, Nahar Singh was acquitted while Balwant Singh was convicted for that offence and sentenced to imprisonment for life and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo rigorous imprisonment for six months. He was further convicted under section 27 of the Arms Act and sentenced to rigorous imprisonment for three years.

(2.) THE prosecution case was, that the deceased Parkash with his brother Dass Ram, had gone from their field in village Meonwal on July 12, 1973, at about 9.00 P.M. to the village market to purchase articles. These articles were purchased from the shop of one Shankar stated to be their relation, and since it had grown late they took their food at the shop of Shankar. Both of them returned from the shop at about 11.00 P.M. and while they were on their way to the village, they came across Dev alias Gurdev Singh (since absconding) who was driving a tractor with a trolly. The other two accused Balwant Singh and Nahar Singh occupied the trolly portion of the tractor. Both Dass Ram and Parkash got in the trolly as they wanted a lift upto their village. When the tractor reached near the well where the two brothers resided, they asked Gurdev to stop the tractor. Dass Ram got down from the trolly while Parkash was in the process of coming down. At that time, it was stated that Balwant Singh and Nahar Singh accused demanded money from him for purchasing a bottle of liquor. The deceased Parkash regretted his inability as he did not possess the money. Upon that Balwant Singh and Nahar Singh started giving fist blows to Parkash alleging that had given him a lift and consequent thereto he had to pay something to them. Nahar Singh caught hold of Parkash from the neck and Balwant Singh accused who possessed a rifle gave several blows on the head of Parkash by the butt -end of the rifle. It was stated that during the course of beating, the rifle was also fired by Balwant Singh and some injury was caused on the leg of Parkash. As many as 16 injuries were caused by Balwant Singh on the person of Parkash and when the latter fell down injured he was pushed off the trolly. Thereafter Balwant Singh asked Gurdev Singh to drive away the tractor. He also fired several times from his ritle to scare away the people. Sardara, P. W. 10 who had arrived at the well of the deceased also witnessed the occurrence. Subsequently both Dass Ram and Sardara brought the injured Parkash to the Hospital at Phillaur which was at a distance of 5 kilometers from Meonwal. They reached the Hospital at about 1 -30 A.M. and Dr. Faqir Chand, P. W, 1 attended to the injuries of Parkash. He found four contused wounds and lacerated wounds on the region of the head of which one had caused depressed fracture of the frontal bone over an area of 1"x 1/2". Nearly all the wounds were bone deep. The Doctor also found two lacerated wounds over the left leg and these two wounds were inter -connected as the injuries were continuous. According to the Doctor the two lacerated wounds were the result of the gun shot fired by Balwant Singh. Besides, these six lacerated and contused wounds, there were six contusions, two abrasions and one swelling. At 2 -10 A.M. Parkash died in the Hospital. Intimation regarding his injuries to the police station was sent by the Doctor under Ex. P. 2. Thereafter upon his death a further intimation was sent to the police under Ex. P. 3. However, Dass Ram got instituted the first information report (First Information Report) at 2 -25 A.M. at the police station, Philiaur. The investigating officer Kapur Singh, Assistant Sub -Inspector, P. W. 11 reached the Hospital at about 3 00 A.M. He prepared the inquest and asked for the autopsy of the corpus which was performed by Dr. Faquir Chand, P. W. 1 at 12 -00 noon on the next day. Thereafter the investigating officer came to the village. He could not find any blood -stained earth as it had rained, the season being rainy. The investigating officer arrested Balwant Singh at 2 -30 P.M. from his house and got recovered the rifle Ex. M.O. 1 and six live cartridges from him. His licence Ex. M.O. 2 was also taken. The shirt and Chadder of the accused were found stained with blood and the same were recovered. The tractor and its trolly were also seized and some blood was detected over the grass contained inside the trolly. Three empty cartridges were recovered from the trolly and these were subsequently compared with the markings over the rifle and the report was received to the effect that these empties were fired from the said rifle. On these facts and allegations the two accused Balwant Singh and Nahar Singh were sent up to stand at the trial Nahar Singh was however, acquitted but Balwant Singh was convicted and sentenced in the manner said above. He has felt aggrieved of his conviction and sentence and has preferred this appeal. Dev alias Gurdev Singh, however, remained absconding.

(3.) BALWANT Singh accused also produced 4 witnesses of whom Sarwan Singh, D. W. 1 and Shmt. Puran Kaurm D. W. 2 stated about a certain complaint sent to the authorities against one Iqbal Singh, Assistant Sub -Inspector, who according to them wanted to trespass upon their land. One Amarjit Singh, D. W. 3 stated that the tractor and the trolly were sold to Pritam Singh, who was produced as D W. 4, meaning thereby that the tractor and the trolly never belonged to Balwant Singh.