NATARAJAN - (1.) THIS appeal by special leave by the State of Punjab is directed against the judgment of the High Court of Punjab & Haryana in Criminal Appeal No. 207(DB) of 1983 in so far as it relates to the acquittal of accused No. 2, Surjit Singh, the respondent herein. The Sessions Judge of Amritsar had convicted one Harcharan Singh (Accused No. 1) under S. 302, Indian Penal Code, and his younger brother Surjit Singh (Accused No. 2), the respondent herein under S. 302 read with S. 34. Indian Penal Code, for having committed the murder of one Harjinder Singh on 13/10/1982 and sentenced both of them to undergo imprisonment for life. In the appeal filed by the two accused, the High Court confirmed the conviction and sentence awarded to Accused No. 1 but set aside the conviction of the respondent (Accused No. 2) and acquitted him. The acquittal of the respondent is challenged in this appeal.
(2.) THE facts of the case can be set out with advantage with reference to the genealogical table given below :- JUDGEMENT_520_1_1987Image1.jpg Accused Nos. 1 and 2 wanted to exclude all other sharers and secure for themselves the entirety of an ancestral house left by their grandfather Jagat Singh. Their uncle Kartar Singh posed no problem because he had already relinquished his rights. However, their grandmother Shanti and aunt Paramjit Kaur would not give up their rights, and in this stand they were supported by deceased Harjinder Singh. There were proceedings under Section 107, Cr. P.C. between Accused No. 1 and his aunt's son Parminder and in those proceedings also, deceased Harjinder Singh took sides with Parminder Singh. Accused Nos. 1 and 2 were infuriated with Harjinder Singh for taking sides against them and the resultant grievance was the motive for the attack on the deceased. On the fateful day of 13/10/1982 Harjinder Singh and Gurcharan Singh were proceeding to their shop at about 8.30 A.M. En route Accused 1 and 2 be-set themselves on Harjinder Singh and stabbed him with the daggers carried by them. Accused No. 1 inflicted a stab on the left side of the chest and another on the left flank of Harjinder Singh. Accused No. 2 inflicted a stab on the back and another stab near the hip of Harjinder Singh. They inflicted some more stabs and on receipt of them Harjinder Singh fell down. The occurrence was witnessed by Gurcharan Singh P.W. 10 and also by Gurbax. Singh and one Kanwal Main Singh (not examined). He was, however, tendered for cross-examination but the accused did not avail of the offer. After the attack Accused I and 2 ran away from the scene With their respective weapons. Harjindar Singh was rushed to the hospital by Gurcharan Singh in a car but he was pronounced dead by the doctor at the hospital.
(3.) ON receipt of intimation from the hospital, Ajit Singh, A. S. I. of Police proceeded to the hospital and recorded a statement Exhibit P-2 from Gurcharan Singh between 11.25 a.m. to 12.15 p.m. A case was registered against both the accused and a copy of the Special Report was delivered to the Magistrate at 2.35 P.M. the same day. Dr. Jaswant Singh, P.W. 9 conducted the autopsy on the dead body of Harjinder Singh and found five incised wounds and two abrasions on the dead body. For the purpose of the appeal it will suffice if injurie Nos. 1 to 4 alone are set out. They are as under :- 1. Incised stab wound 2.5 cm x 1 cm on the front side of the chest near the left nipple. 2. Incised stab wound 2 cm x 1 cm on the front of the left side of the abdoman. 3 cm away from the left iliam chest. 3. Incised stab wound 3 cm x 1 cm on the back of the chest in between the scapular region, bone deep. 4. Incised stab wound 3 cm x 1.5 cm on the left hypo-chondric region on the front of the left side of the chest. 18 cm below the left nipple. ;