NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURBACHAN Singh aged 75 years' Sukhbir Singh alias Sukhdev Singh aged 35 years, Gurdip Singh alias Dalip Singh aged 42 years, Nishan Singh aged 55 years and Jagdev Singh aged 31 years, all residents of village Masanian, in Sessions Case No. 7 of 1991, case F.I.R. No. 259 dated 7.10.1990, under Sections 302/307/326/148/149 I.P.C., Police Station Sadar Batala were convicted and sentenced as under:

(2.) BRIEF facts of the case stated by Dayal Singh in his statement Ex. PH are that his son Malook Singh, who was serving in the Police Department died in the year 1986. His younger son Bhupinder Singh used to cultivate the land with him. On 5.10.1990 Bhupinder Singh had an altercation with Gurbachan Singh. Bhupinder Singh told Dayal Singh that Gurbachan Singh intentionally had insulted him. A day before the occurrence i.e. 6.10.1990 Dayal Singh went to the house of Gurbachan Singh and asked him as to why he had insulted his son Bhupinder Singh and what grievance he was having with them. At this Gurbachan Singh stated that "he could do whatever he wanted to do but they will behave in that way." On 7.10.1990 at about 5.30 p.m. Dayal Singh and his son Bhupinder Singh were cutting fodder in their Haveli. Gurbachan Singh and Dalip Singh each armed with Kirpan, Sukhdev Singh alias Sukha, Jagdev Singh alias Jajji armed with Dattar and Nishan Singh armed with Sua, all residents of Masanian came to the Haveli, which has no boundary wall. On reaching there, Sukhdev Singh alias Sukha raised a Lalkara and challenged Bhupinder Singh to gird up his loins as they were going to teach a lesson to him and his father that day for making complaint regarding the said altercation. Thereafter, Gurbachan Singh gave three blows with his Kirpan to Bhupinder Singh which hit him on his left cheek and jaw. Then Dalip Singh gave three Kirpan blows to Bhupinder Singh which hit on the left thigh and right side of the head. Jagdev Singh alias Jajji gave two blows with his Dattar to Bhupinder Singh which hit on his right arm and left wrist. On receipt of these injuries Bhupinder Singh raising a Raula and Dayal Singh P.W. 3 stepped forward to rescue Bhupinder Singh. Sukhdev Singh alias Sukha gave two blows with his Dattar which hit Dayal Singh on his left arm, fingers of left hand i.e. little finger and ring finger and ring forger of right hand. Gurbachan Singh and Dalip Singh gave blows on the back of his head, left shoulder on the back, left shoulder and back side of waist towards the left side, with their respective weapons. Nishan Singh gave a Sua blow to Dayal Singh which hit him on the left side of the chest near the nipple. Dayal Singh raised a Raula Mar Ditta, Mar Ditta (killed, killed'). On hearing their Raula Surinder Kaur daughter -in -law of Dayal Singh reached the spot. On raised Raula by them, all the accused ran away from the spot together with their respective weapons. It was stated by Dayal Singh that accused persons with their common intention had caused' injuries to them. After making arrangement of conveyance, Amrik Singh son of Harbans Singh took them to Civil Hospital Batala for medical treatment. On reaching Civil Hospital, Bhupinder Singh succumbed to the injuries. Dayal Singh was admitted in the hospital where the Doctor conducted his medico legal examination. On the same day i.e. 7.10.1990, S.I. Santokh Singh received one intimation slip Ex. P.C. and one copy of the Medico legal report regarding injured being admitted in the hospital. On receipt of that information S.I. Santokh Singh reached Civil Hospital Batala. He made application Ex. PD to the Doctor regarding fitness of Dayal Singh injured to make the statement, The Doctor vide Ex. PD/I declared Dayal Singh injured fit to make the statement and then S.I Santokh Singh recorded the statement Ex. PH of Dayal Singh on 7.10.1990 at 10.15 p.m. and sent the same to the Police Station for registration of case on the basis of which formal F.I.R. Ex. PH/2 was recorded by A.S.I. Ajit Singh. After recording the statement of Dayal Singh S.I. Santokh Singh carried out the inquest proceedings Ex. PO and made request Ex. PG for conducting the post mortem examination of the dead body of Bhupinder Singh.

(3.) ON 7.10.1990, Dayal Singh injured produced Chadar before him which was taken into possession after turning the same into a sealed parcel vide memo Ex. PJ attested by the witnesses. On 8.10.1990 S.I. Santokh Singh visited the place of occurrence in village Masanian. He collected the blood stained earth from spot, turned the same into a sealed parcel and took the same into possession vide memo Ex. PQ. He prepared rough site plan Ex. PR of the place of occurrence with correct marginal notes. On his return, when he reached Gandhi Chowk Batala, Head Constable Gurmeet Singh produced before him clothes i.e. one shirt, one pant and one Fatui of the deceased. After turning the same into a sealed parcel, the same were taken into possession vide memo Ex. PS.