JARNAIL SINGH ALIAS JAILA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Jarnail Singh alias Jaila, Nasib Chand son of Sadiq Masih, both residents of village Rajdhan, Police Station Tanda, District Hoshiarpur and Manjinder Pal alias Ladi son of Badu Masih, resident of Mohalla Badalpur, Bhullath, Police Station Bhullath, district Kapurthala and it has been directed against the judgment and order dated 29.7.1997 passed by Additional Sessions Judge, Hoshiarpur, who convicted the appellants under Section 304 (presmably Part -I) read with Section 34 I.P.C. and sentenced them to undergo rigorous imprisonment for a period of seven years each and to pay a fine of Rs. 2,000/ - each. In default of payment of fine, each of the appellants was directed to undergo rigorious imprisonment for a period of six months.

(2.) S /Shri Jarnail Singh alias Jaila, Nasib Chand and Manjinder Pal alias Ladi faced a criminal trial on the allegations that on 24.7.1993 at about 7.30 P.M. in the area of village Rajdhan in prosecution of their common object, which was to commit the murder of Ajaib Siingh, intentionally cause his death and thereby allegedly committed an offence punishable under Section 302 read with Section 34 I.P.C.

(3.) ' The brief facts of the case can be described as follows: A.S.I. Darshan Singh PW -1 was posted in Police Station Tanda on 25.7.1993 . He received a Medico Legal Report of Ajaib Singh deceased from the police station and on receipt of the same he went to Civil Hospital, Tanda where Ajaib Singh was lying admitted. He made application Ex.PK before the doctor in order to enquire if Ajaib Singh was fit to make a statement. The doctor gave his opinion Ex.PK/1 declaring Ajaib Singh fit to make a statement. Resultantly, statement Ex.PM of Ajaib Singh was recorded by A.S.I. Darshan Singh. It has been alleged by Ajaib Singh in his statement Ex.PM. which in the opinion of this Court has become the dying declaration, that on 24.7.1993 he was returning from Cholang after doing his personal work on his bicycle. At about 7.30 P.M. when he reached in the revenue limits of village Rajdhan. Nasib Chand, Jarnail Singh and Ladi made him to come down from the bicycle and he was forced to proceed towards the side of railway line. According to Ajaib Singh, all the three accused at that time were armed with Dandas and they started 'giving him beatings. Giving the description of. the injuries it has been stated by Shri Ajaib Singh that Nasib Chand gave a Danda blow on his forehead. Thereafter Jarnail Singh gave a Danda blow hitting in between his eyes and Ladi gave a Danda blow hitting on his nose. On receipt of these injuries he fell down and while he was lying on the ground, Nasib Chand gave a Danda blow on his lips and Jarnail Singh gave a Danda blow on his shoulder. He raised Rola Mar -ditta, upon which all the three accused ran away from the place of occurrence along with their respective weapons. According to Ajaib Singh the motive for the crime was that the wife of his brother -in -law is married in village Rajdhan. His brother -in -law Mohinder Pal @ Mohinder Lal had a tiff with his wife and resultantly the Masi (mother's sister) of the wife of Mohinder Pal was causing obstruction in sending the wife of Mohinder Pal to her matrimonial home. In this connection he went to village Rajdhan in order to"persuade the Masi of the wife of Mohinder Pal that she should not create obstructions. For this reason the accused bore a grudge against him and they made consultations and caused injuries. It has been finally stated by the complainant in his statement Ex.PM that the entire occurrence was witnessed by Shri Shingara Ram PW -8, who was following him on his own bicycle. The statement Ex.PM was read over on his own bicycle. The statement Ex.PM was read over and explained to Ajaib Singh, who thumb marked the same in token of its correctness and the same was attested by A.S.I. Darshan Singh, who made endorsement Ex.PM/II under the said statement and it was sent to Police Station Tanda for the registration of the case, on the basis of which only D.D.R.No.10 was recorded on 25.7.1993 at 12.40 P.M. In the opinion of the Investigating Officer the offence prima facie under Section 323 read with Section 34 I.P.C. was made out and for that reason he did not record the formal F.I.R. The record of the trial Court shows that on 24.7.1993 at about 9.00 P.M. Ajaib Singh injured was taken to Civil Hospital, Tanda, where he was medically examined by the doctor, who found as many as five injuries on his person. I will give the description of the injuries in the latter portion of the judgment while discussing the medical evidence of this case. It further appears from the record that the injuries of Ajaib Singh were x -rayed. He was attended by different doctors and finally he was taken to Shri Guru Tej Bahadur Hospital, Amritsar, where he expired on 8.8.1993. The intimation about the death of Ajaib Singh was received by A.S.I. Darshan Singh on 8.8.1993. On the receipt of this information the offence was changed to Section 302 I.P.C. and formal F.I.R. Ex.PM/IV was recorded. The Investigating Officer along with the police party went to Shri Guru Tej Bahadur Hospital, Amritsar, where Nirmal Singh and Rai Bahadur Singh met them. The dead body of Ajaib Singh was lying in the dead -house. Inquest report Ex.PH was prepared and the dead body was taken to Medical College, Amritsar for post mortem examination vide request PG/1. The doctor conducted the post mortem examination. This aspect of case shall also be discussed in the latter portion of the judgment. The doctor conducting the post mortem examination handed over the clothes of the deceased to the police on 9.8.1993.