HARBHEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE four appellants Harbhej Singh, Amrik Singh, Gurmej Singh and Sohan Singh along with two others, namely Gurbhej Singh and Mohan Singh were brought to trial for the murder of Harbhajan Singh and Baldev Singh deceased before the Court of Sessions at Ferozepur. The learned Sessions Judge, Ferozepur by his judgment dated September 20, 1986, acquitted the foresaid two accused but held the appellants guilty under Sections 302/34, 324/34 and 449, Indian Penal Code and each of them was sentenced to life imprisonment and a fine of Rs. 1,000/- under the first count, one year rigorous imprisonment under the second count and five years' rigorous imprisonment under the third count. Harbhej Singh appellant was also convicted under Section 27 of the Arms Act and was sentenced to one year's rigorous imprisonment. All the substantive sentences so awarded to them were, however, ordered to run concurrently. They have challenged their convictions and sentences by filing Criminal Appeal No. 553-DB of 1986. The State of Punjab has filed Criminal Appeal No. 198-DBA of 1987 against the acquittal of Gurbhej Singh and Mohan Singh. This judgment will govern both the appeals.

(2.) BALDEV Singh since deceased was the younger brother of Hardev Singh PW, Jaswant Singh PW is also his younger brother. Harbhej Singh, Gurbhej Singh, Amrik Singh and Gurmej Singh accused are real brothers and similarly Sohan Singh and Mohan Singh accused are real brothers whereas Sube Singh PW is the son of Harbhajan Singh deceased. The house of the accused adjoins the house of Hardev Singh PW from the back side. It is alleged that about 8 months prior to the present occurrence, Harbhajan Singh and Baldev Singh deceased had inflicted injuries to Harbhej Singh accused and in that regard a case was registered and it was pending trial in the Court.

(3.) DR . A.S. Mann PW 1 conducted autopsy on the dead body of Harbhajan Singh on 24.5.1985 at 12.15 p.m. and found 8 injuries as detailed in the post-mortem report Ex. PA. Death was opined to be due to shock and haemorrhage as a result of multiple injuries which were ante-mortem and sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injures and death was stated to be 1 to 2 hours and between death and post-mortem within 12 to 24 hours. On the same day the doctor conducted autopsy on the dead body of Baldev Singh at 2.00 p.m. and found 9 wounds as detailed in the post-mortem report Ex. PD. 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 1 to 2 hours and between death and post-mortem within 12 to 24 hours.