KHAZAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Khazan Singh aged about 33 years was convicted by Additional Sessions Judge, Amritsar on March 21, 1987 and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for one year under S.302, I.P.C.; rigorous imprisonment for four years and to pay a fine of Rs. 500/-, in default to undergo imprisonment for six months under S.326, I.P.C. and rigorous imprisonment for four years and a fine of Rs. 500/-, in default to undergo rigorous imprisonment for six months under S.326 read with S.34, I.P.C. These sentences were ordered to run concurrently. Khazan Singh has challenged his conviction and sentence in this appeal.

(2.) The occurrence took place on Aug. 11, 1983 at about noon time in the house of Gurmit Singh informant situated in Shori Nagar, Chhaharata, District Amritsar. Dharam Pal along with wife Maya Devi and an infant child Sonu was residing in the house as tenant. Khazan Singh accused was also a tenant in that house earlier. Khazan Singh, armed with a Kirpan, accompanied by Lakhwinder Singh and Thamman Singh came to the house of Dharam Pal. Lakhwinder Singh remained outside whereas Khazan Singh and Thamman Singh entered the room of Dharampal. Khazan Singh attacked Dharam Pal Singh with the Kirpan causing injuries on his left hand and left upper arm. Thamman Singh also gave injury to Dharam Pal on his head with the sword. When Maya Devi, wife of Dharam Pal, came forward, Thamman Singh attacked her causing injuries upon her hand which has resulted in fracture of her left hand. Khazan Singh also gave injury on the head of Maya Devi. Khazan Singh gave injuries with the kirpan to Sonu, the infant child, on the face and the back. Dharam Pal came out in the courtyard. Gurbachan Kaur, mother of Gurmit Singh, informant came there to persuade the accused not to give injuries. Khazan Singh gave blows with the kirpan hitting her on the shoulder and the hand. Thamman Singh also gave injuries to Gurbachan Kaur. Lakhwinder Singh, who was standing outside the house, had instigated them to attack. An attempt was made to attack Gurmit Singh also, however, he escaped while going out of the house. After the occurrence, the accused left the place. Gurmit Singh brought a three-wheeler wherein the injured were removed to the hospital Sonu died on reaching the hospital. Dharam Pal, Maya Devi and Gurbachan Kaur were admitted. Gurmit Singh made a statement in the hospital to the police at 4.10 p.m. on the basis of which first information report was recorded at 4.30 p.m. The special report reached the hands of the Magistrate at 9.15 p.m. on that very day.

(3.) The police investigated the case, got the post-mortem on the dead body of Sonu conducted and took into possession the medico-legal reports of the three injured. On Aug. 12, 1983 statement of Gurbachan Kaur was recorded. Dharam Pal and Maya Devi were unconscious. Statement of Dharam Pal was recorded on the following day i.e. Aug. 12, 1983 and that of Maya Devi on Aug. 14, 1983. The spot was inspected Blood stained clothes of the injured and the deceased were taken into possession. From the spot, one mat (Chatai) and blood-stained earth were taken into possession. Khazan Singh and Lakhwinder Singh accused were arrested, however, Thamman Singh accused was absconding and was declared a proclaimed offender. Challan was presented against Khazan Singh and Lakhwinder Singh. They were charged for committing the murder of Sonu and causing hurt to Dharam Pal, Maya Devi and Gurbachan Kaur.