PAVITAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two brothers, namely, Pavitar Singh aged 26 years and Lakhvir Singh aged 21 years, were convicted under section 304 (Part II) read with section 34, Indian Penal Code, and each of them was sentenced to rigorous imprisonment for three years and a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for six months, by the learned Additional Sessions Judge, Ludhiana, vide his order dated 25th May, 1982. Both the appellants have come to this Court in appeal against their conviction and sentence.

(2.) Both the appellants are in the active service of the Army. On the day of the occurrence, i.e. 7- 11-1980, they were present in their village Sangatpura as both of them were on leave. At about 8 p.m. they went to the cattle shed in the house of Mehar Singh P.W. 1. At that time Pavitar Singh appellant was armed with a gandasi while Lakhvir Singh appellant was empty handed. They wanted to cause injuries to Mehar Singh P.W. 1 for abusing their father but Gurdev Kaur (since deceased), mother of Mehar Singh P.W. 1, intervened. In the meantime Lakhvir Singh appellant had picked up phaura Exhibit p01. The appellants caused injuries to Smt. Gurdev Kaur with their respective weapons. She was medically examined by Dr. R.N. Soni, P.W. 9 on 7-11-1980 at 9.10 p.m. The doctor found three injuries on her person, out of which injury No.1, which caused the loss of four incisors, was declared grievous while the other two injuries on the right forearm were declared simple in nature. However, Gurdev Kaur breathed her last on 9-11-1980 at 12.45 p.m.

(3.) Autopsy on the dead body was performed by the same doctor at 10.45 a.m. the next day. Apart from the aforesaid three injuries, he found another small lacerated wound 1 cm X 1/2 cm scalp deep on the right parietal region of the head near the top. According to him, this injury was sufficient to cause death in the ordinary course of nature.