BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated November 18, 1986 of the Additional Sessions Judge, Amritsar, whereby,he convicted the appellants under Sections 148 and 302, 307 326, 324 and 423 read with Section 149, Indian Penal Code, for committing the murder of Darshan Singh deceased and for causing injuries to Jagir Singh and Kashmir Singh PWs and each of them was sentenced to various terms of imprisonment and fine. All the sentences so awarded to them were, however, ordered to run concurrently.

(2.) THE motive for the crime is stated to be that a year prior to the present occurrence, Darshan Singh deceased had quarrelled with Pal Singh accused and others regarding which a case was still pending decision in the trial Court. Pal Singh accused nursed a grudge against the deceased on that score.

(3.) DR . Surwan Singh Ratta PW 3 medically examined Kashmir Singh and Jagir Singh PWs on 16.7.1985 at about 9.45 A.M. and found as many as 13 injuries on the former and I I injuries on the latter and out of them injury No. 1 on the person of Kashmir Singh was found to be grievous while the rest were simple in nature and injury No. 2 on the person of Jagir Singh was found to be grievous and the rest were simple. in nature as detailed in the medico-legal reports Exs. PF and PG respectively. Dr. Ranbir Singh Pannu PW 2 examined the injuries of Jagir Singh on 28.8 1985 and he found callous formation at the lateral end of devide. Dr Pritpal Kaur PW I conducted autopsy on the dead body of Darshan Singh on 16.7.1985 at 1.00 P. M. and found as many as I I injuries as detailed in the post-mortem report Ex. PM. Death was opined to be due to shock and haemorrhage as a result of multiple injuries, which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was stated to be immediate and between death and post-mortem within about 24 hours. After necessary investigation, the accused were challaned and committed.