AMRIK SINGH ALIAS BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIK Singh alias Bittu (14/15) was tried by the Additional Sessions Judge, Kapurthala. By judgment and order dated March 6,1991, he was convicted under Section 304 Part 1 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 1,000/-. In default, he was further sentenced to rigorous imprisonment for six months.

(2.) THE First Information Report in this case was lodged by Gurdial Singh PW1, father of Balbir Singh (22) deceased. According to Gurdial Singh, Paramjit Kaur alias Pami, elder sister of Amrik Singh alias Bittu accused came to the house of Gurdial Singh's brother Dalip Singh at about 2 p.m. on December 11, 1989, at village Maksudpur. She was followed there by the accused, who started beating his sister by pulling her from the long hair. It was apparently because the accused did not like his sister to mix with Balbir Singh (deceased). Balbir Singh (deceased) happened to come there and he intervened and asked the accused as to why he was beating his sister and he rescued her from him. Paramjit Kaur went away to her house. Amrik Singh accused, however, started throwing brick-bat at Balbir Singh, who went inside the Haveli of his uncle Dalip Singh and bolted the door from inside. Amrik Singh alias Bittu continued to be present in the street. After some time when Balbir Singh came out of the Haveli, the accused threw a brick-bat hitting Balbir Singh on the head. As a result thereof Balbir Singh fell down on the ground. The incident was witnessed by Balbir Singh's father Gurdial Singh and an aunt Smt. Sukhjinder Kaur PW2, wife of Balbir Singh's other uncle Rattan Singh. They rushed to the spot and picked up Balbir Singh. He was removed to the clinic of one Dr. Satwant Singh, a relative of Gurdial Singh PWI at Village Begowal. Dr. Satwant Singh found the injuries to be of serious nature and, therefore, the injured was removed to Civil Hospital, Jalandhar. At Jalandhar, they were informed that the Civil Hospital concerned was Civil Hospital, Kapurthala, as the incident had taken place in jurisdiction of that Civil Hospital. Accordingly, the injured was taken to Kapurthala, where he was given first-aid and referred to Christian Medical College and Hospital, Ludhiana, reaching there at 10.30 p.m. Balbir Singh succumbed to his injuries at 5.30 a.m. on the following day i.e. December 12, 1989. Gurdial Singh PWI lodged the First Information Report by doing to Police Station a Bholath district Kapurthala at 12.45 p.m. Copy of the special report was received by Judicial Magistrate Ist Class Kapurthala, at 5 p.m.

(3.) THE plea of the accused was one of denial. He produced no evidence in defence.