JAGGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jaggar Singh and Harnek Singh appellants along with their co-accused Sukhdev Singh and Karam Singh (since acquitted) were tried on the charge of murder of Baldev Singh besides for causing grievous injuries to Harnek Singh (PW 7), by the Additional Sessions Judge, Barnala. Sukhdev Singh and Karam Singh accused were acquitted by giving them the benefit of doubt while Jaggar Singh and Harnek Singh appellants were held guilty under Section 302, I.P.C., for committing the murder of Baldev Singh and each one of them was sentenced to undergo imprisonment for life besides to pay a fine of Rs. 500/- or in default of payment thereof, to further suffer rigorous imprisonment for three months.

(2.) Briefly stated, the facts of the prosecution case are that the land of Jaggar Singh and Harnek Singh accused as well as of Baldev Singh deceased and his brothers Harnek Singh (PW 7) and Hardev Singh adjoined each other. On June 27. 1984, at about 6 A.M., Jagraj Singh son of Harnek Singh(PW 7) informed his father at his house that all the accused have dismantled the common boundary ridge of their fields and encroached upon their land. Harnek Singh PW along with his brother Baldev Singh deceased, then went to their fields for lodging the protest with the accused. On reaching there, they found Karam Singh accused levelling his land with a tractor while Jaggar Singh, Harnek Singh and Sukhdev Singh accused were standing nearby. Baldev Singh deceased asked the accused as to why they had demolished the common boundary ridge without their consent. Upon this, Jaggar Singh appellant shouted that he should be taught a lesson for lodging the protest. Jaggar Singh, Harnek Singh and Sukhdev Singh accused were armed with a gandasa each while Karam Singh accused was armed with a Kassia. Baldev Singh tried to turn back, but Jaggar Singh dealt a gandasa blow on his head hitting him at the nape. Harnek Singh and Karam Singh accused also dealt a gandasa blow each on his head with their respective weapons. Karani Singh accused also gave a kassia blow on the dorsum of right hand of Baldev Singh. Harnek Singh PW raised alarm. Thereupon, Sukhdev Singh accused inflicted a gandasa blow on the nose of Harnek Singh which resulted in his fall then Harnek Singh accused gave another gandasa blow on his back and Jaggar Singh accused gave a gandasa blow on his shoulder. Harnek Singh PW then got up and managed to snatch the gandasa of Sukhdev Singh accused and cause injuries to all the four accused in self-defence. Puran Singh (PW 8) and Joginder Singh (PW 9) were also present in the nearby fields and witnessed the entire occurrence. Thereafter all the accused along with their respective weapons ran away. Baldev Singh was found unconscious at the spot. Joginder Singh PW brought a tractor-trolley of Surjit Singh and thereafter removed Baldev Singh and Harnek Singh injured to the Primary Health Centre, Tappa. Dr. (Mrs.) Shakuntala Devi (PW 1) examined Harnek Singh PW at 8.15 A.M. on that day and found three incised wounds on his person. Injury No. 3 on the right side of the nose was found grievous in nature. This doctor also examined Baldev Singh (since deceased) at 8.30 A.M. and found three incised wounds and diffused swelling on his person. Two of the incised wounds were located on the left side of the scalp while the third was on the right side of the head. The diffused swelling was on the right hand middle ring finger. All these injuries were kept under observation. He sent the intimation at 8.05 A.M., vide ruqa Exhibit PA/2, to the in charge of Police Station Tappa, regarding the arrival of the injured. On receipt of which, ASI Tarsem Singh (PW 11) of Police Station Sehna, rushed to Primary Health Centre, Tappa, but Baldev Singh deceased was declared unfit to make the statement by Dr. (Mrs.) Shakuntala Devi (PW 1). He then recorded the statement, Exhibit PH, of Harnek Singh PW. It was concluded at 4 P.M., and on the basis of which, formal first information report Exhibit PH/2 was got recorded through S.I. Sucha Singh (PW 12) at Police Station, Sehna, at 5.30 P.M. on 27th June, 1984, for the offences under Sections 307/34, 326, 324 and 235, I.P.C., against appellants Jaggar Singh and Harnek Singh, besides Gurbachan Singh and Dharam Singh. S.I. Sucha Singh then went to the spot on 28th June, 1984 and prepared its rough site plan Exhibit P.R. He also seized the blood-stained earth from the spot after putting into sealed parcel in the presence of Joginder Singh PW and ASI Tarsem Singh. He also recorded the statements of the witnesses. He found all the accused absconding from the village. Thereafter, he went to the Primary Health Centre, Tappa, for recording the statement of Baldev Singh (since deceased) but doctor declared him unfit to do so. Baldev Singh injured was referred for treatment to C.M.C. Hospital, Ludhiana, on 29th June, 1984, by Dr. (Mrs.) Shakuntala Devi (PW 1), but he was first got admitted in the Dayanand Medical Hospital, Ludhiana, and later on shifted to C.M.C. Hospital, Ludhiana Dr. H. Mishra (PW 6) Registrar of General Surgery in C.M.C. Hospital, treated Baldev Singh in the hospital, but unfortunately, he succumbed to the injuries on 2nd July, 1984, at 12.10 P.M. On receiving intimation regarding his death, SI Sucha Singh then got the offence changed to one under Section 302/34 IPC. He rushed to C.M.C. Hospital, Ludhiana, and drafted inquest report Exhibit PE/2 on the dead body of Baldev Singh and got it subjected to post-mortem examination from Dr. Uggar Singh (PW 4) of Civil Hospital, Ludhiana. This doctor observed three stitched wounds on the head of the dead body. On exploration of skull he detected fracture of both the parietal bones and the presence of sub-dural haemotoma under injury on the right parietal region. The brain tissues were found lacerated. This injury was found sufficient to cause death in the ordinary course of nature. From the supplementary statement of Harnek Singh PW as well as from the statements of Joginder Singh and Puran Singh eyewitnesses, it transpired that Sukhdev Singh and Karam Singh accused had participated in this assault and not Gurbachan Singh and Dharam Singh. ASI Tarsem Singh arrested all these four accused from village Jaimal Singh Wala on 17th July, 1984, when they were produced before him by Teja Singh Sarpanch. On 20th July, 1984, all these accused were interrogated by ASI Tarsem Singh at the police station in the presence of Teja Singh Sarpanch and H.C. Gurcharan Singh. In pursuance of their respective disclosure statements Jaggar Singh Harnek Singh and Sukhdev Singh accused got recovered a gandasa each from the sugarcane field while Karam Singh accused got recovered a Kassia from the said sugarcane field The chemical examiner and the serologist failed to detect human blood on the earth and on any of these weapons except on one gandasa. After completion of investigation, all the accused were arraigned for trial on such like allegations for the murder of Baldev Singh and for causing grievous injuries to Harnek Singh PW.

(3.) Before the trial Court, in order to prove its above referred case, the prosecution has examined Harnek Singh (PW 7), Puran Singh (PW 8) and Joginder Singh (PW 9) as witnesses to the actual occurrence, besides leading medical evidence and examining the investigators. The version of all the four accused before the trial Court was that Harnek Singh PW and Baldev Singh (deceased) along with Furdev Singh, Raj Singh and Tek Singh had attacked and caused injuries to them with spades while they were levelling their field named Dhab Wala and that Baldev Singh and Harnek Singh had received injuries during aggression. In support of their defence, the accused examined Dr. Jagdish Raj (DW 2), who deposed having found eight injuries on the person of Jaggar Singh accused during his medical examination on 27th June, 1984. Out of which injury No. 2 on the left fore-arm was declared grievous (X-ray examination revealed that there was communited fracture of left radius bone. this doctor found four injuries on the person of Sukhdev Singh accused, out of which injury No. 2 on his left fore-arm was declared grievous. Four simple injuries were also found on the person of Karam Singh accused while two incised wounds were found on the person of Jaggar Singh accused. The trial Court believing the prosecution version convicted and sentenced Jaggar Singh and Harnek Singh. Sukhdev Singh and Karam Singh accused were, however, acquitted of the charges by giving them the benefit of doubt as their names did not figure in the first information report lodged by Harnek Singh injured.