DEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sant Ram, an old man in his late eighties, his two sons-Dev Singh and Gurnam Singh, aged 28 and 48 years respectively as also Major Singh, have been found guilty of the murder of Gurjant Singh. The first three viz. Sant Ram and his two sons have filed Criminal Appeal No. 107-DB of 1995. Major Singh has filed a separate appeal Viz. Criminal Appeal No. 336-DB of 1995.

(2.) All the four appellants were armed with sharp-edged weapons. They hit Gurjant Singh on the head. He died on the next morning. A hard blow by any one with the sharp side of the weapon could have been fatal. Even with the blunt side, each one of them could have smashed the skull or at least caused a crack in the cranium. However, none used the sharp side. There was no fracture of the skull. Not a drop of blood was shed. In this situation, the question that arises is - Did the appellants have the intention to cause death or even to inflict injuries which may be sufficient to cause death in the ordinary course?

(3.) The prosecution story may be briefly noticed.