KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants, Kashmir Singh and his two brothers, Kulwant Singh and Puran Singh, have filed the present appeal against the order of conviction and sentence recorded against them by the learned Sessions Judge, Amritsar, who vide his judgement dated Nov. 30, 1994 held Kashmir Singh appellant guilty under Section 302 of the Indian Penal Code for killing Dalip Kaur whereas his brothers, Kulwant Singh and Puran Singh were held guilty under Section 302 read with Section 34, I.P.C. The appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- each in default whereof they were further sentenced to undergo R. I. for six months.

(2.) The facts leading to the death of Dalip Kaur wife of Ujaggar Singh were brought to the notice of Sub Inspector Swaran Singh by PW 2 Budh Singh on June 16, 1992 at 5.30 p.m. Swaran Singh, SI, thus, recorded the statement of Budh Singh at 5.30 p.m. on the basis of which formal FIR, Ex. PW 8/B came to be recorded at 7 p.m. The special report was delivered to the Magistrate concerned at Amritsar on June 16, 1992 at 12.50 p.m. Budh Singh got in his statement recorded that he was resident of village Mudhal and was engaged in cultivation. His house and house of Kashmir Singh, Puran Singh and Kulwant Singh sons of Harbans Singh were adjoining to each other. On account of quarrel between children, the ladies had an altercation earlier also. Last night at about 9 p.m. his brother Kashmir Singh alias Bau, Roor Singh son of Harbans Singh residents of Mudhal and he were standing in the lane, outside their house and were talking when Kashmir Singh alias Sheera son of Harbans Singh, armed with a Bahi of the cot (arm of the cot), his brother Puran Singh alias Poobi, armed with a Dang and their third brother Kulwant Singh alias Kanta, armed with a Dang, came towards their house. Immediately on their arrival, Puran Singh raised an alarm saying "catch hold of them in order to teach them a lesson as their children are creating trouble daily". Upon this, all the three inflicted blows to them with their respective weapons but they stepped back ward and saved themselves from sustaining injuries. On hearing the noise, his mother Dalip Kaur came at the spot and persuaded Sheera and his companions to stop fighting. At this, Sheera gave Bahi blow to his mother which hit on her hand. Kulwant Singh gave a dang blow which hit her on her right cheek and near the eye. His mother became unconscious and fell down on the ground. He raised an alarm saying 'killed, killed' whereupon. the assailants together with their respective weapons, fled towards the railway line. At that time, electric bulb was on in the lane. It was a moon-lit night. He and others did not remove his mother for treatment as no arrangement for conveyance could be made due to night time. Dalip Kaur was, however, removed, to the house. At about mid-night, his mother expired. Due to prevailing disturbed circumstances and due to fear, they could not lodge the report during night. He was going to the Police Post to lodge a report that Swaran Singh, SI met him. He further stated that the cause of fight was that earlier their ladies had an altercation with the ladies of Kashmir Singh and others on account of quarrel between the children. Day before yesterday, they had remonstrated Kashmir Singh, but Kashmir Singh and his party men had taken ill of it. Due to this grudge is mind, Kashmir Singh, Kulwant Singh and Puran Singh had murdered his mother.

(3.) The prosecution, with a view to bring home the offence against the appellants, examined, Dr. R. K. Goria, Assistant Professor, Forensic Medicines, Medical College, Amritsar as PW 1. He stated that on June 16, 1992 at 1.50 p.m. he conducted post mortem on the dead body of Dalip Kaur. The dead body was brought in the mortuary on that day at 1.45 p.m. by Constable Balwinder Singh and PHG Sardara Singh and was identified by Budh Singh and Dayal Singh. Rigor mortis were present throughout the body, post mortem staining was also present on the back of the body. Clothes were blood stained. The doctor found following injuries on her dead body :-"A reddish bruise 5 x 2 cm on the right molar prominent. Diffused swelling under the injury and on both eye-lids of right eye. 2-A diffused reddish swelling on the right parietal region of the head 8 cm above the ear.3. A diffused reddish swelling on right side "of fore-head, 6 cm above the eye brow."