AJAY PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment I dispose of Criminal Appeal No. 209-SB of 1995 titled Ajay Pal Singh v. The State of Punjab, Criminal Appeal No. 228-SB of 1995, titled Ajay Pal Singh v. State of Punjab, Criminal Appeal No. 235-SB of 1995, titled Rajesh Kumar v. State of Punjab and Criminal Appeal No. 266-SB of 1995 titled Arminder Singh v. The State of Punjab as all the four appeals have arisen from one judgment of conviction and one order of sentence. These appeals have been directed against the judgment and order dated 10.4.1995 passed by the Court of Additional Sessions Judge, Ferozepur, who convicted Arminder Singh appellant under Section 307 IPC, Ajay Pal Singh son of Parambir Singh and Ajay Pal Singh son of Sukhdev Singh and Rajesh Kumar under Section 307 read with Section 34 IPC. Arminder Singh was sentenced to undergo R.I. for a period of 7 years and to pay a fine of Rs. 2500/- under Section 307 IPC. In default of payment of fine, he was directed to further undergo RI for six months. His companions aforesaid were sentenced to undergo RI for a period of 2 years each and to pay a fine of Rs. 2500/- each under Section 307 read with Section 34 IPC. In default of payment of fine these three appellants were directed to undergo RI for further six months each. All the four appellants were also sentenced to undergo RI for 7 years and to pay a fine of Rs. 2500/- each under Section 450 IPC and each one of them was directed to further undergo RI for six months in default of payment of fine. All the substantive sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that the present case was registered on the statement of Kulwinder Singh injured son of Shri Jaskaran Singh. It is alleged by him that on 27.5.1991 at about 7.30 p.m. he, his father's sister (Bhua) Smt. Kanwarjit Kaur and driver Gurdip Singh were present at Bhawan Colony, Ferozepur City near the gate of their house when appellant Arminder Singh along with 4/5 boys came to the door-step of the house of the complainant and started creating the mischief. Kanwarjit Kaur tried to dissuade them but all of them, who had already come there, grappled with the complainant who fell down. When the complainant was lying on the ground, Arminder Singh appellant took out a Chhuri (small dagger) from the pocket of his pant and he gave two blows upon Kulwinder Singh with the Chhuri hitting on his chest. Smt. Kanwarjit Kaur, Bhua of Kulwinder Singh and Gurdip Singh driver raised rola "Mar ditta, Mar ditta", upon which Arminder Singh appellant and his companions left the place of occurrence. Thereafter the Bhua of the injured arranged a jeep and the injured was taken to Civil Hospital, Ferozepur from where he was removed to Mission Hospital, Ferozepur. The complainant made a statement of Ex.PK before ASI Kulwant Rai of Police Station City Ferozepur, which was read over and explained to the complainant, who signed the same in taken of its correctness. The Thanedar made endorsement Ex.PK/1 under the statement of the injured and it was sent to Police Station Ferozepur for the registration of the case, on the basis of which formal FIR Ex.PK/2 was recorded by SI Paras Ram. This Investigating Officer also recorded the statement of Smt. Kanwarjit Kaur under Section 161 Cr.P.C. On the next day i.e. on 28.5.1991 he went to the spot and prepared rough site plan Ex.PN with correct marginal notes. He also lifted blood stained earth from the spot, made a sealed parcel thereof and took the same into possession vide memo Ex.PQ in the presence of Amardip Singh and Gurdip Singh. He also took into possession one pair of chappals and sheath of chhuri vide recovery memo Ex.PR. Smt. Kamaljit Kaur, Staff Nurse of Mission Hospital produced before the Thanedar blood stained shirt of Kulwinder Singh on 29.5.1991, which was taken into possession vide memo Ex.PS. Appellant Arminder Singh was arrested on 5.6.1991, and he suffered a disclosure statement to the effect that he had kept concealed one chhuri under the heap of bricks in Dhawan Colony in a plot regarding which he was of the conscious possession. His disclosure statement Ex.PT was recorded. It was read over and explained to Arminder Singh, who signed the same in token of its correctness in the presence of Constable Prabh Dayal and HC Gurdev Singh. Thereafter he led the policy party to the place of concealment and got recovered the chhuri stained with blood. It was taken into possession vide recovery memo Ex.PV. The Thanedar prepared rough site plan Ex.PX of the place of recovery. A sealed parcel of the Chhuri was prepared and on return to the police station it was deposited with the MHC.

(3.) THE injured was medico-legally examined by Dr. Manmohan Singh Dhillon PW1, who found three incised wounds on his person. I will discuss the medical aspect of this case in the subsequent portion of this judgment. Dr. Richard David also treated Kulwinder Singh injured besides Dr. T.N. Singh, who also examined the injured in the hospital on the same night.