LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Lakha Singh and his two sons Kulwinder Singh and Karamjit Singh were tried with their co-accused Milkha Singh and Balbir Singh under Ss. 302 and 302 read with S. 34 of the Indian Penal Code for intentionally causing death of one Sukhwinder Singh. In the resultant trial whereas Karamjit Singh was held guilty under S. 302 of the Indian Penal Code and sentenced to undergo R. I. for life and to pay a fine of Rs. 2000/- or in default to further under go R. I. for six months, Lkha Singh and Kulwinder Singh were held guilty with the aid of S. 34 and sentenced and fined in the same manner as Karamjit Singh. Their co-accused Milkha Singh and Balbir Singh were, however, acquitted of the charge framed against them. Against the order of conviction and sentence dated 31-8-1995 passed by Shri G. L. G. Chopra, Sessions Judge, Amritsar, Lakha Singh and his two sons have filed Criminal Appeal No. 484-DB of 1995. State of Punjab aggrieved by acquittal of Milkha Singh and Balbir Singh has filed Criminal Appeal No. 204-DBA of 1996. Ajit Singh complainant father of deceased Sukhwinder Singh has filed Criminal Revision No. 886 of 1995 which has been ordered to be heard with the main case. By this order, we propose to dispose of the two appeals and the revision referred to above.

(2.) Facts leading to the death of Sukhwinder Singh came to light when Ajit Singh PW-1 father of Sukhwinder Singh made a statement before ASI Milkha Singh PW-5 on 10-11-1994 at 8-15 a. m. As per his version, his son was attacked in front of his house by Lakha Singh and his two sons Kulwinder Singh and Karamajit Singh as also by Balbir Singh and Milkha Singh sons of Sampuran Singh on 9-11-1994 at 9/9-30 p. m. in the area of village Boparai, which is at a distance of five miles from the police station, Patti. A copy of the FIR i. e. Special report reached the Magistrate at Patti on 2-10 p. m. on 10-11-1994. Ajit Singh while unfolding the prosecution version stated that he was resident of village Boparai Model and ex-Sarpanch of the village. He had two children. One of them is son namely Sukhwinder Singh aged 34/35 years and second is a daughter namely Sukhi who is married with Lachhman Singh at village Kalas. Last night on 9-11-1994 at about 9/9-30 p. m. Lakha Singh son of Ajaib Singh armed with Kirpan (sword) , Kulwinder Singh son of Lakha Singh armed with knife, Karamjit Singh alias Bhola son of Lakha Singh armed with dang, Milkha Singh son of Sampuran Singh armed with dang, and Balbir Singh son of Sampuran Singh armed with Dang went ahead from the corner of their house while raising noise through the street. The electric bulb was emitting light and he was standing in the corner of his house. In the meantime, his son Sukhwinder Singh was coming back from outside in the street after answering call of nature. When he arrived in the corner of the street, Lakha Singhraised a Lalkara saying catch hold and kill him and teach him a lesson for contesting the Election of Sarpanch against them. On hearing the noise of appellants, Dara Singh son of Banta Singh and Satnam Singh son of Dara Singh, residents of the village also came out in the street. Within their sight, namely, Satnam Singh, Dara Singh and himself, appellant Kulwinder Singh gave knife blow to his son Sukhwinder Singh which hit on his left ear. Thereafter Lakha Singh gave a Kirpan blow to him which hit on the fingers of his right hand as a result of which Sukhwinder Singh fell on the ground. Thereafter, Karamjit Singh alias Bhola, Milkha Singh, Balbir Singh alias Bira gave beating to Sukhwinder Singh with their dangs (Bamboo Sticks) mercilessly while he was lying fallen on the ground and also gave thrust blows on his ribs. When Dara Singh, Satnam and he himself raised alarm Mar Ditta Mar Ditta (Killed, Killed) then the assailants with their respective weapons fled away from the spot. Later on after making proper arrangements for conveyance, Sukhwinder Singh was removed to Civil Hospital, Patti in an injured condition for treatment. He succumbed to his injuries. After leaving Dara Singh and Chanan Singh near the dead body, he was going to the police station to lodge the FIR when the ASI met him. He further stated that assailants had committed the murder of his son with a common intention. The cause of grudge was that he had contested the election of Sarpanch against Lakha Singh this time.

(3.) The prosecution in its endeavour to bring home the offence against the appellants in Criminal Appeal No. 484-DB of 1995 and their co-accused Milkha Singh and Balbir Singh examined Dr. Kashmir Singh Medical Officer, Civil Hospital, Patti as PW. 4. He stated that on 10-11-1994 he received police papers at 11-30 a. m. and conducted post-mortem on the dead body of Sukhwinder Singh. He found the following injuries on his dead body :-"1. An incised wound 1. 5 cm x 5 cm on right little finger, palmer aspect middle part. Wound is muscle deep. Clotted blood present. 2. An incised wound 2 cm x 5 cm on the body of right ring finger palmer aspect. Wound was muscle deep. Clotted blood present. 3. An incised wound 1. 5 cm x 5 cm on right hand middle finger palm aspect. Wound was muscle deep. Wounds Nos. 1, 2 and 3 were corresponding with each other. 4. An incised wound 2. 5 cm x. 75 cm, on left ear middle part, pinna was cut. Clotted blood present. 5. A defused swelling in an area of 3 cm x 2 cm on the top of scalp. On dissection, sub cutaneous haemorrhage present. No fracture of skull. On further dissection, there was sub dural haemorrhage present in upper and posterior part of both cerebral hemisphere. Colour of the blood of sub dural haemotoma was red. 6. A reddish contusion 5 cm x 2 cm on right side of chest, 3 cm below the nipple on the anterior aspect. 7. A reddish contusion 6 cm x 2 cm on left side of chest, anterior aspect lower part.