FOJA SINGH Vs. STATE

JUDGEMENT

(1.) These two appeals out of the same judgment of the learned Sessions Judge, Sriganganagar are being disposed of by a single judgment.

(2.) Briefly stated, the fact of the case are that one Lalsingh resident of Khatalbana had five sons, viz. Foja Singh, Puransingh, Surjansingh, Jangirsingh and Dalipsingh. Jangirsingh used to live in a separate house. There appears to be some dispute about money dealings between Lalsingh and his son Jangirsingh and according to Smt. Bachan Kaur wife of deceased Jangir Singh, a report of an earlier incident in which Lalsingh etc. had quarrelled with Jangirsingh had been lodged before the police. This had incensed Lalsingh etc. and therefore, on Aug. 23, 1985 at about 7.00 PM Lalsingh, his sons Fojasingh, Puransingh, Surjansingh accompanied with Gurmeetsingh. Paramjeetsingh and Jogendra Singh came to the house of deceased Jangirsingh. Fojasingh is alleged to have come after scaling the wall and having a Gandasi in his hand, whereas the other persons, are said to have come from the main door of the house armed with different weapons like 'Lathi', spear, Kripan etc. Jangirsingh was at that time sitting on a cot and his wife Bachan Kaur as also his son Chhindrapalsingh were also in the house. Fojasingh gave a blow with the blunt side of the 'Gandasi' on the head of Jangirsingh. Jangirsingh fell down from the cot. The other persons kept standing a little away from Jangir Singh. In the meantime, Dilipsingh, another son of Lalsingh as also Kashmiri Bai and Jwala Bai came into the house after scaling over the wall and they told the accused who were already there to leave the place because it was not certain whether Jangir Singh would live or not. On this, these accused persons came out-side the house of Jangir Singh and it is alleged that they kept standing out side the house in order to prevent any inmate in the house to report the matter to the police. However on the next morning, Bachhan Kaur and Dalip Singh carried the injured Jangir Singh to Fatuhi Hospital, where, Dr. Narendra Singh Gill (P. W. 4) examined the injuries of Jangir Singh and also reported the matter to the Police Station, Hindumalkot vide Ex. P/3 in which he mentioned that he had admitted Jangir Singh in injured condition in his hospital and requested the police to come at the earliest and to do the needful. This intimation reached the Police Station, Hindumalkot at about 8.40 PM. On this, P.W. 9 Kishanlal reached Shivpur (Fatuhi) Hospital and recorded the statement of Bachhan Kaur. Jangir Singh himself was said not to be in a position to make any statement. The statement of Smt. Bachhan Kaur was then carried to the Police Station, Hindumalkot where it was created as first information report and the case under sec. 452 and s. 307, I.P.C. along with s. 147, 149, 148 and 323, I.P.C. was registered. It appears that later the injured Jangirsingh was also shifted from Shivpur (Fatuhi) Hospital to Sriganganagar Hospital and he was admitted there in the male surgical ward A on 24.8.85. He succumbed to the injuries on Aug. 26, 1985 and thereupon the case was converted to be under sec. 302, I.P.C. The postmortem examination of Jangir Singh was conducted by P. W. 8 Dr. Rajendra Kumar Gupta on 26.8.85 at 11.30 AM and he found the following injuries on his person:

(3.) We have heard learned counsel for the appellants and the learned Public Prosecutor and have gone through the record.