MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Malkiat Singh appellant against the judgment/order dated 28.1.1994 passed by Shri S.K. Chopra, Additional Sessions Judge, Sangrur, vide which he has convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 3,000/-. In default of payment of fine the appellant Malkiat Singh was ordered to undergo further rigorous imprisonment for three months.

(2.) THE prosecution story as disclosed by Hakam Singh is that he was a resident of village Sheron and did cultivation. They were three brothers. Nachhatar Singh aged 35 years was the eldest, he was younger to him and Sadhu Singh aged 30 years was younger to him. They, all the three brothers had a partnership with Piara Singh son of Atma Singh, Jat resident of the village in Swaraj Combine bearing No. PB-13/B-2571. They had employed Malkiat Singh resident of Chanarthal, Police Station Mullepur District Fatehgarh Sahib as driver of this combine. Yesterday, i.e. on 28.9.92, Malkiat Singh aforesaid driver was harvesting the paddy crop in the field known as Harigarhia of their co-sharer Piara Singh aforesaid with their combine. His brother Nachhatar Singh, Piara Singh aforesaid and he were present there. They stopped the work at night. Thereafter, both Piara Singh and he went to their houses in village Sheron. His brother Nachhatar Singh and driver Malkiat Singh remained near the combine. When Piara Singh aforesaid and he returned to the field of Piara Singh after taking meals from their respective houses, it was about 9.00 p.m. and an electric bulb was on at the motor of Piara Singh. At that time, Malkiat Singh resident of Chanarthal aforesaid was inflicting blows with an iron-rod on the head of his brother Nachhatar Singh and was saying that he was teaching him a lesson for hurling abuses in the names of mother and sister on the previous day. Within their sight, Malkiat Singh gave many iron rod blows on the face and head of Nachhatar Singh. They raised an alarm of "Marta Marta" (killed, killed). At this, Malkiat Singh aforesaid ran away towards Village Cheema through the fields, together with an iron rod. When Piara Singh aforesaid and he came near his brother Nachhatar Singh, they found him dead. His mouth and head were smeared with blood. The cause of grudge was that on 27.9.92, his brother had hurled abuses on Malkiat Singh and due to this grudge Malkiat Singh has committed the murder of his brother Nachhatar Singh. They did not go to the police-station to lodge a report during night, keeping in view the prevailing situation and out of fear they had been guarding the dead body of his brother. Today i.e. 29.9.1992, after leaving Piara Singh near the dead body of his brother, he along with Jagdev Singh Sarpanch, resident of Sheron was going to the Police-Station to lodge a report when ASI Kashmir Singh had met him. ASI Kashmir Singh (PW-10) recorded statement Ex.PD of Hakam Singh (PW-2) about this occurrence and after making endorsement Ex.PD/1 on it, he sent this statement through constable Amrit Singh to Police Station, Longowal where formal FIR Ex. PD/2 was recorded and a case was registered against the accused. ASI Kashmir Singh then along with Hakam Singh PW-2, Jagdev Singh Sarpanch and other members of the police party reached the place of occurrence situated near the tubewell of Piara Singh PW. The dead body of Nachhatar Singh deceased was found lying in a pool of blood at that place. The ASI prepared the inquest report Ex. PC which was thumb marked by Hakam Singh PW 2 and his brother Sadhu Singh PW 7. He also collected blood stained earth from the spot and after making it into a sealed parcel, he took it into possession vide memo Ex. PJ attested by Head Constable Pritam Singh and Sadhu Singh PW. He then despatched the dead body through H.C. Pritam Singh to Civil Hospital, Sangrur. Both the brothers of the deceased, namely Hakam Singh and Sadhu Singh PWs, also accompanied the dead body. The ASI then searched for the accused but he was not available in the village.

(3.) ON dissection of injuries No. 1, 2 and 3, underlying vessels were torn. Bone was found to be fractured. Meninges were torn. Brain matter was lacerated and clotted blood was found in the cranial cavity. On dissection of Injury No. 4, underlying vessels and muscles were torn and bone was fractured.