MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Faridkot, dated 20th March, 1987 whereby Manjit Singh alias Pappi Appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500 or in default of payment of fine to suffer rigorous imprisonment for six months. He was further sentenced under Section 452 of the Indian Penal Code to undergo rigorous Imprisonment for two years and to pay a fine of Rs. 200 or in default of payment of fine to further suffer rigorous imprisonment for six months. Both the substantive sentences were ordered to run concurrently. Jagdev Singh, Amarjit Singh alias Teja Singh, Malkiat Singh and Jangir Singh accused were acquitted by the trial Court.

(2.) IN brief, facts of the prosecution case are, that on 15th June, 1986, at about 11 P.M. Harjinder Singh, first informant, his brother Balwinder Singh, sister -in -law Gurmail Kaur and his wife Balwinder Kaur were lying on the cots in their courtyard and were talking to each other. Electric light in their courtyard as well as on their gate was on. His father Sardara Singh was sitting on a cot in front of the gate. All of a sudden the electric supply went off. His uncle Jangir Singh and latter's son Manjit Singh alias Pappi accused went on the roof of their adjoining kotha, started abusing the complainant party alleging, that they had switched off their light and, the video programme in their house had been disrupted. Both the said accused threw brick -bats in the courtyard of the complainant party. Meanwhile the electric supply was resumed. Shortly thereafter Amarjit Singh accused armed with a spade, his brothers Jagdev Singh armed with a Kasauli, Malkiat Singh armed with a Daang and Manjit Singh alias Pappi armed with a Daang came near the outer gate of the house of Harjinder Singh P.W. Sardara Singh deceased requested the accused party to desist from quarrelling and further requested them to talk about this matter in the morning. Jangir Singh accused raised Lalkara to finish the complainant party. Immediately thereafter Malkiat Singh, Jagir Singh and Pappi alias Manjit Singh accused dragged Sardara Singh and threw him on the ground near the lane. Amarjit Singh accused gave two Kahi blows to Sardara Singh hitting him on his forehead and back side of his head. Jagdev Singh accused gave a Kasauli blow on the left arm of Sardara Singh deceased. As a result thereof his arm was fractured. Jagdev Singh accused gave another blow with Kasauli on the back of the deceased. Malkiat Singh and Manjit Singh alias Pappi accused gave blows with their respective Daangs to the deceased on his face, legs and hands. Amarjit Singh accused gave a Kahi blow on the right cheek and left finger of Harjinder Singh P.W. Malkiat Singh accused then gave a Daang blow to Balwinder Singh P.W. on his right leg. The complainant party also caused simple injuries to the accused in their self defence. On hearing alarm, all the accused ran away from the spot along with their respective weapons. Thereafter, Bal winder Singh P.W. brought car in which Sardara Singh was removed to Civil Hospital, Baghapurana. Sardara Singh succumbed, to his injuries in that hospital. On receipt of ruqa from the hospital, Inspector Ajit Singh went there prepared inquest report, and, sent the dead body of Sardara Singh for autopsy. He recorded the statement of Harjinder Singh, which) was completed on the next morning of the occurrence at 3.30 A.M. and, on its basis formal FIR was subsequently registered at the police station at 3.35 A.M. Special report reached the Ilaqa Magistrate at 7.30 A.M. The said Inspector inspected the spot, lifted blood stained earth, and brickbats lying scattered in the courtyard of the house of the deceased. After the arrest of the accused, and, completion of investigation, all the accused were challaned. Manjit Singh alias Pappi accused was convicted and sentenced as indicated above, whereas, other co -accused were acquitted.

(3.) ACCUSED when examined under Section 313 of the Code of Criminal Procedure denied the prosecution allegations appearing in evidence against them except their relationship inter se, and, pleaded false implication. Manjit Singh accused pleaded bonafide exercise of right of self defence. According to him, on the evening of the occurrence, their electric supply was cut by the complainant party. He alone went to Sardara Singh deceased and lodged a protest and there was exchange of abuses. Sardara Singh accused then gave a gandasi blow from the reverse side on the right shoulder of Manjit Singh. As the deceased tried to repeat the blow, Manjit Singh accused gave injuries to him with sharp and reverse side of the Gandasi in self defence. Harjinder Singh and Balwinder Singh P.Ws. fabricated the injuries on their person, and falsely implicated the accused. He further stated that he was arrested on, 16th June, 1986 and his formal arrest was shown later on. In their defence Bakhshish Singh appeared as D.W. -1, Amarjit Singh as D.W. -2 and Jaswant Singh Driver as D.W -3. Thereafter, the accused closed their defence.