RAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALL the seven appellants were found guilty and convicted by the learned Sessions Judge, Bathinda of the charge for offence punishable under Section 148 of the Indian Penal Code (hereinafter referred to as 'the Code' ). Jit Singh appellant was found guilty of the substantive charge of murder of Sukhmander Singh under Section 302 of the Code while the remaining appellants were found guilty of this charge with the aid of Section 149 of the Code. All the seven appellants were also convicted on the charge for offence under Section 324/149 of the Code for the injuries on the persons of Surjit Singh and Kewal Singh witnesses. Raj Singh and Balraj Singh appellants were also convicted under Section 324 of the Code for causing simple injuries to Sukhmander Singh and Harpal Kaur PW in the first incident. All the appellants were awarded one year's rigorous imprisonment on the first count while imprisonment for life and fine of Rs. 2000/- or in default of payment thereof one year's rigorous imprisonment on the second count and one year's rigorous imprisonment each on the third count. Balraj Singh and Raj Singh appellants were awarded one year RI in the fourth count. Gurnek Singh alias Harnek Singh, Nachattar Singh and Gurmail Singh, co-accused of the appellants, were, however, acquitted by giving them the benefit of doubt. Feeling aggrieved against their conviction and sentence, Raj Singh, Jarnail Singh alias Jaila, Thana Singh and Dev Singh alias Teja Singh appellants have preferred Criminal Appeal No. 461-DB of 1991 while Malkiat Singh, Jit Singh and Balraj Singh preferred Criminal Appear No. 86-DB of 1992. Both these appeals shall be disposed of by this order as these arise out of the same judgment of the trial Court.

(2.) IN brief, the facts of the prosecution case are that Raj Singh, Jarnail Singh, Thana Singh, Teja Singh alias Dev Singh accused are real brothers, Gurmail Singh, Gurnek Singh accused (since acquitted) are real brothers and cousin brothers and Raj Singh, Malkiat Singh, Jit Singh and Balraj Singh accused are real brothers and collaterers of Raj Singh accused. Nachattar Singh accused (since acquitted) is also collateral of Raj Singh. All the accused belong to the party of Raj Singh etc. Both the parties used to reside in Village Gumti Kalan, Raj Singh accused suspected illicit intimacy of his wife with Sukhmander Singh (Deceased ). With this back ground of mistrust and suspicion, it is alleged that on May 25, 1987, at about 9. 15 P. M. Sukhmander Singh (deceased) was accosted by Gurnek Singh alias Harnek Singh, Gurmail Singh and Nachattar Singh (since acquitted) along with Raj Singh and Balraj Singh near the house of Balbir Marasi (Baru ). On hearing the exchange of abuses between Sukhmander Singh (deceased) and the accused party, Malkiat Singh PW brother of the deceased, came down from the roof of his house. He along with his brother Surjeet Singh and sister Harpal Kaur then rushed to the spot and saw in electric light that Gurnek Singh, Gurmail Singh, Raj Singh and Nachattar Singh accused were armed with gandasas while Balraj Singh was armed with a kirpan. Sukhmander Singh (deceased) was also then carrying a kirpan. Gurnek Singh dealt a gandasa blow on the head of Sukhmander Singh. Harpal Kaur (PW) tried to rescue her brother, but Balraj Singh accused gave a kirpan blow on her head. Sukhmander Singh (deceased) also inflicted injuries to these accused in self-defence. Due to fear, all these witnesses along with Sukhmander Singh returned to their house and closed its outer door. Malkiat Singh (PW) also informed Naib Singh, Sarpanch and Raj Singh, Panch of this occurrence. Thereafter Malkiat Singh (PW) along with his brother Surjeet Singh, Sukhmander Singh-injured, mother Gurdev Kaur and Kewal Singh (PW8) was taking Harpal Kaur injured on their tractor-trolley to Civil Hospital, Rampura. When their tractor-trolley reached near the house of Master Resham Singh of their village at about 11 PM another tractor trolley driven by Thana Singh accused came from the opposite direction. Thana Singh blocked the road with his tractor trolley. Thana Singh, Gurnek Singh, Gurmail Singh, Raj Singh and Jarnail Singh accused armed with gandasas alighted from the said trolley while Nachattar Singh armed with gandasa, Malkiat Singh, Jit Singh and Balraj Singh carrying Kirpans and Teja Singh carrying a dang came from the side of the house of Nachattar Singh accused. Gurmail Singh dealt a gandasa blow on the head of Surjeet Singh (PW) when the latter was sitting on the tractor. Kewal Singh (PW) tried to intervene, but Malkiat Singh accused gave a kirpan blow from its reverse side on the fingers of his left hand. Sukhmander Singh (deceased) alighted from the trolley and ran inside the outer house of Master Resham Singh in a bid to escape. All the accused then chased Sukhmander Singh. Balraj Singh accused dealt a kirpan blow on the head of Sukhmander Singh. Sukhmander Singh (deceased) also gave kirpan blows to the accused in order to save himself. Gurnek Singh accused gave a gandasa blow on the left thigh of Sukhmander Singh (deceased), who fell down. Jit Singh accused also gave a kirpan blow on the neck of Sukhmander Singh while Nachhatar Singh accused gave a gandasa blow on the right knee of Sukhmander Singh. All the accused continued inflicting more injuries with their respective weapons to Sukhmander Singh. The accused party threatened the witnesses to kill if they came near them. Thereafter, the accused along with their respective weapons, left the spot. Sukhmander Singh was found dead by these witnesses just thereafter. Leaving Mithu Singh, Chaukidar to guard the dead body, Malkiat Singh and Surjit (PWs) removed all the injured witnesses in a truck to Civil Hospital, Rampura Phul. On the way, Malkiat Singh lighted from the truck at Police Station, Phul where he lodged the report (Ex. PA) with Sub Inspector Surjan Singh at 00. 15 AM during that night. A case under Sections 302/324/ 148/149/341/506 of the Code was registered against the accused. Special report of the case was conveyed to the Ilaqa Magistrate by Constable Surinder Singh (PW7) at 6. 30 AM on the next morning.

(3.) SUB Inspector Surjan Singh, after registration of the case, rushed to Village Gumti Kalan and found the deadbody of Sukhmander Singh lying in the outer house of Master Resham Singh. He prepared Inquest report (fix. PB) of the dead body and entrusted it to Head Constable Bharat Singh for autopsy. He also inspected the spot and prepared its rough site plan (Ex. PI. ). Blood stained earth was also seized from the spot after putting it in a scaled parcel. A pair of shoes of Sukhmander Singh (deceased) also lay near his dead body and was taken into possession. He also prepared the rough site plan (Ex. PC) of the place where the first incident had taken place. Some blood stained earth was lying there and taken into possession after putting it in a sealed percel. He also recorded the statements of the witnesses.