AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment I dispose of Criminal Appeal No. 603-SB of 1986 titled Ajit Singh & others v. State of Punjab and Criminal Revision No. 126 of 1987 titled Mohan Lal v. Ajit Singh and others. Vide appeal No. 603-SB of 1986 aforesaid Ajit Singh and others have prayed for their acquittal and in the criminal revision the prayer made by the petitioner is for the enhancement of the sentence. All the four appellants namely Ajit Singh, Hari Chand, Harjit Singh and Amar Singh were convicted and sentenced under the various offences. Ajit Singh was convicted under Section 304 Part-I of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs. 2,000/-. In default of payment of fine he was directed to further undergo rigorous imprisonment for one year. This appellant Ajit Singh was also convicted under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 600/-. In default of payment of fine he was directed to further undergo rigorous imprisonment for two months. Hari Chand appellant was convicted under Section 323 of the Indian Penal Code like his co-accused Harjit Singh and Amar Singh and each one of them was sentenced to rigorous imprisonment for nine months and to pay a fine of Rs. 500/- each and in default of payment of fine each one of these three appellants was directed to undergo further rigorous imprisonment for a period of two months. It may be stated that four appellants along with Joginder Singh, Gurmit Singh, Sharanjit Singh and Narinder Singh were tried for an offence under Sections 302, 324, 323, 148 and 149 of the Indian Penal Code in case F.I.R. No. 65 dated 1.4.1985, Police Station Dasuya and these four persons namely Joginder Singh etc. were acquitted by the trial Court vide impugned judgment dated 13.9.1986.

(2.) THE complainants of this case also filed a separate Criminal Appeal No. 601-SB of 1986 and they were also acquitted by the High Court vide judgment dated 20.3.1997 passed by Hon'ble Mr. Justice A.S. Nehra. In the opinion of this Court the present Criminal Appeal No. 603-SB of 1986 ought to have been heard along with Criminal Appeal No. 601-SB of 1986 as both the appeals have arisen from one occurrence which took place on 31.3.1985 at 11.00 P.M. at G.T. Road, Dasuya.

(3.) ASI Samund Singh PW9 went to Civil Hospital, Dasuya and took into possession six medico-legal reports of Amar Singh, Ajit Singh, Balkar Singh, Ravi Kumar and Hari Chand. He submitted application Ex. PQ/2 before the doctor in order to obtain his opinion whether Balkar Singh was fit to make a statement or not, but the doctor vide endorsement Ex. PQ/3 opined that injured was not fit to make a statement. On receipt of medico-legal report in respect of Mohan Lal PW5, ASI Samund Singh again went to Civil Hospital, Dasuya for recording the statement of Mohan Lal. The Investigating Officer submitted application Ex. PS/2 for obtaining the opinion of the doctor regarding the fitness of Mohan Lal. The doctor vide his endorsement Ex. PS/3 declared Mohan Lal fit to make a statement. The medico-legal report of Ved Parkash was also received by the said Thanedar, who submitted application Ex.PR/2 to the doctor and the doctor vide his opinion Ex.PR/3 said that Ved Parkash was not fit to make a statement. Resultantly, when Mohal Lal PW5 was declared fit to make a statement, ASI Samund Singh recorded his statement Ex. PJ and this statement was completed at 11.15 A.M. on 1.4.1985. The Thanedar made his endorsement Ex.PJ/1 and it was sent to police station for the registration of the case. Various applications were also made by the Investigating Officer seeking the doctor's opinion regarding the fitness of the injured to make the statements on that day but they were declared unfit to make the statements.