SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 24.2.1996 passed by the Court of Additional Sessions Judge, Gurdaspur, who convicted the appellants, Sadhu Singh and Gurdip Singh, cultivators, residents of Village Cheema Khudi, Distt. Gurdaspur, under Sections 450 and 307/34 I.P.C. and under Sections 450 and 307, I.P.C. respectively. Both the appellants were sentenced to undergo R.I. for a period of 7 years each and to pay a fine of Rs. 250/- each. In default of payment of fine, they were further directed to undergo R.I. for one month each under Section 450 IPC. Further, appellant Gurdip Singh was sentenced to undergo R.I. for a period of 7 years and to pay a fine of Rs. 250/-. In default of payment of fine, Gurdip Singh was directed to undergo R.I. for one month under Section 307 IPC. Similarly, Sadhu Singh appellant was directed to undergo R.I. for a period of 7 years and to pay a fine of Rs. 250/-. In default of payment of fine, he was ordered to undergo R.I. for one month under section 307 read with section 34 IPC. It was, however, ordered by the trial Court that the substantive sentences awarded to the appellants shall run concurrently.

(2.) THE story of the prosecution can be deescribed in the following manner :- Smt. Sukhwinder Kaur, PW-2, is the widow of Shri Surjit Singh, S/o Sadhu Singh (appellant). Surjit Singh was murdered by the extremists. He left behind 5 issues. The land falling to the share of Surjit Singh was got cultivated by the complainant. Sadhu Singh and Gurdip Singh, appellants, wanted to grab the land from Sukhwinder Kaur. The issues of Sukhwinder Kaur were minor. In order to look after her children, Sukhwinder Kaur had kept her mother Smt. Gurdip Kaur in her house. This was so done by Sukhwinder Kaur alsofor her own protection. The appellants were not happy with this arrangement. Resultantly, they had earlier caused injuries to Gurdip Kaur. A criminal case was pending against them. Sukhwinder Kaur, PW-2, was cited as a prosecution witness. Sadhu Singh and Gurdip Singh had been pressurising her not to appear as a witness against them but Sukhwinder Kaur did not agree. On 13.12.1989 at about 7/7.30 PM, when Sukhwinder Kaur was present in her house and was busy in tethering the cattle heads in a room and when her minor son Sakandar Singh was also there, both the appellants came there and they trespassed inside the house. Appellant Sadhu Singh was carrying a Datar while Gurdip Singh, appellant, had a bottle containing petrol. He was also having a match box. Sadhu Singh raised a Lalkara exhorting his co-accused Gurdip Singh that Sukhwinder Kaur be set on fire as she had not effected the compromise with them. On hearing the Lalkara, Sukhwinder Kaur came in the verandah. Gurdip Singh sprinkled the petrol on the person and clothes of Sukhwinder Kaur and set her on fire. As a result of that, Sukhwinder Kaur sustained burn injuries on her both hands, face and breast. She raised hue and cry upon which her son Sakandar Singh was attracted. He also raised an alarm saying Mar Ditta Mar Ditta. Thereafter, both the appellants run away from the place of occurrence. On hearing the Raula, some neighbours came to the house of the complainant. There was no peace in the State of Punjab during those days, so nobdoy took the courage to get the injured admitted in the hospital during the night. On the next date, i.e. on 14.12.1989, Smt. Balwinder Kaur w/o Shinda Singh, arranged a conveyance and got Sukhwinder Kaur admitted in Civil Hospital, Batala. The injured remained unconscious till 23.12.1989 when SI Harbhajan Singh, PW-5, went to the Civil Hospital, Batala, and after obtaining the opinion from the Doctor about the fitness of Sukhwinder Kaur, he recorded the statement Exh. PB at about 4.00 PM. It was read over and explained to the complainant, who signed the same in token of its correctness. SI made his endorsement Exh. PB/1 and the statement Exh. PB was sent to the Police Station, Siri Hargobindpur, on the basis of which a formal FIR, Exh. PB/1, No. 53 was recorded. Thereafter, SI Harbhajan Singh went to the place of occurrence and inspected the spot and prepared the rough site plan, Exh. PW- 5/A with correct margin notes. He recorded the statements of the witnesses under section 161, Cr.P.C. Thereafter, ASI Bahadur Singh arrested the accused.

(3.) VIDE orders dated 7.10.1992, the Additional Sessions Judge, Gurdaspur, framed charge against the appellants under section 450, IPC and substantive charge under section 307 against Gurdip Singh and substantive charge under Section 307 read with section 34, IPC, against Sadhu Singh. The charges were read over and explained to the accused to which they pleaded not guilty and claimed a trial.