DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 10.4.1987, passed by the Addl. Sessions Judge, Patiala, who convicted the appellant u/s 307, IPC and sentenced him to undergo R.I. for a period of three years and to pay a fine of Rs. 2,000/-; in default of payment of fine, the appellant was further directed to undergo R.I. for three months. It was further ordered by the learned trial court that the fine, if realised, shall go to Ranjit Singh, injured, by way of compensation.

(2.) THE prosecution case was that on 20.7.1986 at about 10 PM, Constable Ranjit Singh, HC Surjit Singh and HC Balwinder Singh were sleeping on their cots between Barracks No. 1 and 2 in Police Lines, Patiala and the lights of the barrack were on. Accused Daljit Singh, who was also posted as Head Constable, came armed with an iron handle of a handpump and gave two blows in quick succession on the fore-head of Ranjit Singh, causing damage to the left eye and his nose. HC Surjit Singh and HC Balwinder Singh, besides some CRPFofficials lying on their nearby cots, woke up on hearing the alarm. Accused fled towards mess and could not be caught. An information was given to the Moharrir Head Constable of Police Station, Civil Lines, Patiala, on telephone. The injured was removed in a truck and on the way S.I. Tarsem Singh of Police Station, Civil Lines, Patiala, joined them. On reaching the hospital, SI Tarsem Singh made an application for the medico-legal examination of Ranjit Singh. Since, HC Ranjit Singh was not fit to make the statement, SI Tarsem Singh recorded the statement of HC Surjit Singh, on the basis of which the present case was registered u/s 307, IPC. I.O. visited the place of occurrence and prepared the rough site plan besides recording the statements of eye-witnesses. The accused was arrested on 22.7.1986 and the weapon of offence was recovered on 23.7.1986 in pursuance of the disclosure statement made by him. I.O. also took into possession the cot on which Ranjit Singh was lying along with the bed sheet and pillow on 21.7.1986. The blood stained shirt and pajama of Ranjit Singh, injured, were also handed over to HC Surjit Singh by the doctor on 25.7.1986 which were taken into possession by SI Tarsem Singh after preparing parcels. Statement of Ranjit Singh, injured was recorded on 5.8.1986. On 1.10.1986 the doctor opined that the injuries of Ranjit Singh were dangerous to life.

(3.) ON the completion of the investigation, the appellant was challaned in the court of the Illaqa Magistrate who committed the appellant to the court of sessions, which framed change u/s 307, IPC against the appellant. The charge was read over and explained to the appellant to which he pleaded not guilty and claimed trial.