HARI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Hari Singh, his son Sardul Singh, both residents of Ropar, Vijay Kumar, resident of village Damowal, and Nasib Chand resident of Dialpur, Police Station Subhanpur, were sent up to stand their trial under Ss. 302, 392 and 307 read with S. 34 of the Indian Penal Code, before the Court of Session at Jalandhar, for causing the death of Pritam Singh and murderous assault on Jagtar Singh PW-10, while committing robbery armed with deadly weapons. The learned Additional Sessions Judge, Jalandhar, on the basis of evidence on record, acquitted accused Sardul Singh and Vijay Kumar, of the above charges, while Hari Singh and Nasib Chand were held guilty for the abovesaid charges and were accordingly convicted and sentenced on various counts in the following terms, vide judgment dated 26/02/1986 :-

(2.) Feeling aggrieved, Hari Singh and Nasib Chand appellants have challenged their conviction and sentence by filing the present criminal appeal.

(3.) According to prosecution version, Gurdev Kaur PW-5 is the wife of Pritam Singh deceased. Jagtar Singh PW-10 is the victim of murderous assault and, Prem Singh PW- 11, is his brother. The occurrence leading to the alleged murder of Pritam Singh deceased, murderous assault on Jagtar Singh, while committing robbery is stated to have taken place on the night between 6th and 7/02/1985 at the outskirts of village Jamsher, within the jurisdiction of Police Station Sadari Jalandhar, which is about 13 kilometers from the alleged place of occurrence. The case was registered at the Police Station concerned at 3.05 p.m. on 7-2-1985 under F.I.R. Ex. PH/ 1 on the basis of statement Ex. PH made by Gurdev Kaur PW-5 at about 2.15 p.m. the same day to S.I. Sarup Singh PW-16 at the bus stand of village of occurrence. The special report reached the Illaqa Magistrate concerned at 3.45 p.m. on 7-2-1985. The prosecution story as can be gathered from the evidence led during the trial is that Pritam Singh deceased had gone out of house on 6-2-1985 and did not return till late night. Gurdev Kaur PW-5 and her daughters searched for him unsuccessfully throughout the night. On the morning of 7-2-1985 they again started searching for him. At about 1.00/1.30 p.m., while they were going on the road leading to village Chachowal, they found the deceased lying murdered in the wheat crop field. Leaving her daughters near the dead body, Gurdev Kaur left for Police Station Sadar, Jalandhar, when she met S.I. Sarup Singh PW-16 at the bus stand of her village. She made statement Ex. PH to this police officer, who despatched the same to the police station concerned, where the case was registered under normal FIR Ex. PH/1. PW-16 went to the spot, held inquest proceedings Ex. PN on the deadbody of Pritam Singh, and sent it for autopsy to Civil Hospital, Jalandhar, where the autopsy was performed by Dr. Mandip Singh Sethi, PW-17, at 11.45 a.m. on 8-2-1985. The doctor found as many as 19 stab injuries on the various parts of the deadbody vide post-mortem examination report Ex. PCC. All the injuries were ante-mortem and were sufficient to cause death in the ordinary course of nature. The probable time between injuries and death was stated to be instantaneous, while that between death and post-mortem examination within 24 hours.