PARMESHWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Crl. Appeal No. 277-DB of 2000, filed by Parmeshwar Singh and, Crl. Revision No. 712 of 2000, filed by Avtar singh, arising out of the judgment of conviction and the order of sentence dated 24-2-2000, rendered by the Court of Sessions judge, Hoshiarpur, vide which it convicted and sentenced him, as under : names of the accused (now appellant)The offence for which conviction was recorded. Sentence awarded parmeshwar Singh u/s. 302 IPC u/s. 324 IPC life Imprisonment. Rigorous imprisonment for one year. Fine of Rs. 500. In default of payment of fine to undergo rigorous imprisonment for two months. Both the substantive sentences of the accused were ordered to run concurrently.

(2.) THE prosecution case, as summarized, proceeded in the manner that on 10-6-1999, avtar Singh, complainant, who was employed as teacher in Denowal Kalan High school, was present in the Marriage Palace (Jang-ghar), situated in village Moela wahidpur, at about 11. 00 a. m. Sansar singh, his father, Pakhar Singh son of Mehar singh, Bishan Lal son of Rikhi Ram, and dilbag son of Nama Ram, were also sitting on a cot in that marriage palace (Jhang-ghar ). In the meanwhile, Parmeshwar Singh nihang alias Rabb son of Dalip Singh of their village, came there, armed with a spear. He told the persons, sitting there, to leave that place, as he was to kill Sansar Singh, father of Avtar Singh. The accused gave two spear blows, one on the left side of the chest and the other near the ankle of right leg of Sansar singh. On receipt of the injuries. Sansar singh, fell down on the cot. Avtar Singh, complainant, along with Dilbag Singh, tried to apprehend Parmeshwar Singh, accused. Upon this, Parmeshwar Singh, accused aimed a spear blow on the person of Dilbag singh, with an intention to kill him. which was warded off by him (Dilbag Singh), by raising his hand, and the same fell on his left arm. The people from the adjoining houses, assembled there. Parmeshwar Singh nihang ran away along with his spear. Many persons chased Parmeshwar Singh, to apprehend him. Avtar Singh, complainant, and nirmal Dass son of Nama Ram, who had also come to the spot, on hearing alarm, removed sansar Singh and Dilbag Singh, to Civil hospital, Garhshankar, after arranging some vehicle. Sansar Singh was declared dead, whereas, Dilbag Singh was admitted in Civil hospital, Garhshankar. 2-A. The motive for the occurrence, was that Sarwan Singh and Bikkar Singh son of jagat Singh, who were cultivating the land of Avtar Singh, complainant, had some dispute with Parmeshwar Singh, accused. In that dispute, Sansar Singh was helping sarwan Singh and Bikkar Singh. Parmeshwar Singh, accused, on account of this reason, had a grudge against Sansar Singh, and, thus, he committed his murder. 2-B. On receipt of a chit from Civil hospital, Garhshankar, on 10-6-1999, Manjit singh, Sub Inspector, along with Nirmaljit singh, Sub Inspector, and other Police officials reached the said hospital. The dead body of Sansar Singh was lying in the dead house. Avtar Singh, complainant met Manjit singh, Sub Inspector. He recorded his statement Ex. P. O. containing the aforesaid facts. Avtar Singh, complainant, after admitting the same to be correct, signed it in Punjabi, on the basis whereof, FIR Ex. PO/2 was registered. Inquest report Ex. PC of the dead body of Sansar Singh was prepared. The dead body of Sansar Singh was sent to the doctor, for post-mortem examination, vide request Ex. PB. 2-C. The doctor conducted post-mortem examination on the dead body of Sansar singh. On the same day i. e. 10-6-1999 at 3. 00 p. m. Bidhi Chand, and Madan Lal, member Panchayats of the village produced parmeshwar Singh, accused, before Manjit singh, Sub Inspector, in injured condition. Manjit Singh, Sub Inspector sent Davinder singh, Head Constable, with the accused, for first aid and after giving the same, he was referred to Civil Hospital, Hoshiarpur by the doctor. The accused was taken to Civil hospital, Hoshiarpur, under the supervision of Balbir Singh, Assistant Sub Inspector, where he was medico-legally examined. Manjit Singh, Sub Inspector, inspected the spot and prepared the rough site plan Ex. PQ. He took into possession blood stained cot from the spot vide recovery memo Ex. PR. He also recorded the statements of the witnesses. After the completion of investigation, the accused was challaned.

(3.) ON his appearance, in the committing Court, the accused was supplied the copies of all the documents, relied upon by the prosecution. After the case was received by commitment, charge under Sections 302 and 307 of the Indian Penal Code was framed against the accused, to which he pleaded not guilty, and claimed judicial trial.