Mukherjee, J. - (1.) Dalip Singh, the appellant before us, and five others, namely Arjan Singh, Shabeg Singh, Manjit Singh, Rachhpal Singh and Gurdev Singh were tried by the Special Court, Ferozepur for rioting, murder and other related offences. The trial ended in conviction of the appellant under Sections 148 and 302, IPC and of the others under Sections 148, 323 and 324, IPC. Aggrieved thereby, only the appellant has moved this Court by filing this statutory appeal.
(2.) (a) The case of the prosecution is that in the morning of February 13, 1984 Shabeg Singh (P.W. 6), Bagicha Singh (P.W. 7) and Mohinder Singh (the deceased) went to their field to see the water outlet when the six accused arrived there armed with various weapons. Dalip Singh gave out that they would not permit the flow of water from the outlet. When Mohinder Singh retorted to his such threat, Dalip Singh gave two blows on the head of Mohinder Singh with a gandasa as a result of which he fell down. When Bagicha Singh (P.W. 7) tried to intervene, Shabeg Singh gave a takwa blow on his head. Rachhpal Singh then gave a takwa blow on his back and Manjit Singh a dang blow on his right arm. When Shabeg Singh (P.W. 6) raised an alarm, Baldev Singh gave a kassia blow on his head and Arjan Singh two dang blows on his left arm. To defend themselves when the complainant party assaulted Rachhpal Singh, the accused persons left the place. (b) The three injured were then taken to the local Primary Health Centre where Dr. Pratap Singh (P.W. 1) examined them. On the person of Mohinder Singh he found incised wound 7-1/2" x 1/6" x bone deep with profuse bleeding on the left side of his forehead with brain matter coming out of the wound in its middle 3-1/2" where the bone was cut through and through. He next examined Bagicha Singh and found the following injuries: 1. A bleeding incised wound 2" x 1/6" x bone deep on the right side of the head. 2. Incised wound 1" x 1/4" x muscle deep on the back of the upper part of the right chest, 2" from shoulder joint. 3. Reddish contusion with swelling 3" x 2" on the back of the right wrist joint. P. W. 1 also examined Shabeg Singh (P.W. 6) who had the following injuries on his person: 1. A bleeding incised wound 1-1/4" x 1/6" x bone deep on the left side of the head, bleeding on examination. 2. Reddish contusion with swelling 2" x 1" on the back and upper third of the left forearm. 3. Reddish contusion 1" x 1" on the back and lower part of the left forearm. Later, in the night, P.W. 1 examined Rachhpal Singh and found the following injuries on his person: 1. A bleeding incised wound 1" x 1/16" x bone deep on the midline of the head. 2. Reddish contusion 3" x 1" on the left lateral surface of the chest. 3. Abraded contusion 3" x 1-1/2" on the postero-lateral surface of middle of right thigh. 4. Abraded contusion 3" x 1-1/2" over posterior surface on middle of the left thigh. 5. Abrasion 1/2" x 1/6" on the dorsam of the left hand. Earlier Moninder Singh was referred to and admitted in Frances Newton Hospital, Ferozepur, where he succumbed to his injuries on February 17, 1984. (c) On getting information from the Hospital about admission of Mohinder Singh, A.S.I. Iqbal Singh (P.W. 8), of Ghal Khurd Police Station went there and enquired about the fitness of Mohinder Singh to make a statement. As the doctor opined that Mohinder Singh was unfit to make any statement he (P.W. 8) recorded the statement of Shabeg Singh (Ex. P 12) at 2.30 P.M. and sent it to the police station for registration of a case. On its basis formal F.I.R. Ex. P 12/B was drawn up and a case registered. S.I. Harbhajan Singh (P.W. 9) took up investigation and went to the spot. He prepared a rough site plan and collected some bloodstained earth and wheat plants from the spot. He prepared sealed parcels in respect of those articles and sent them to Forensic Science Laboratory (F.S.L.) for examination. (d) Consequent upon death of Mohinder Singh on February 17, 1984, ASI Iqbal Singh, (P.W. 8) prepared inquest report and sent the dead body for post-mortem examination which was held by Dr. Ajaib Singh Mann (P.W. 4), Emergency Medical Officer, Civil Hospital, Ferozepur, on February 18, 1984. On receipt of the report of the Serologist (Ext. P. 18) that the earth and the wheat plants were stained with human blood and after completion of investigation Police submitted charge-sheet against the six accused.
(3.) The accused pleaded not guilty to the charges levelled against them and their version of the incident was that in the morning of the fateful day when Kala Singh (D.W. 3), Jasbir Singh and Balkar Singh were constructing a water channel beyond the field of Mohinder Singh and others in terms of an agreement with Tubewell Corporation, Mohinder Singh, Shabeg Singh (P.W. 6) and Bagicha Singh (P.W. 7) came there armed with deadly weapons. While Mohinder Singh had a gandasa with him, the other two had a takwa and a kasouli respectively. Reaching there they gave out that an outlet should be kept for their field before any other construction was made to which Kala Singh replied that he could not oblige them unless directed by their overseer. Then they started demolishing the water channel and, when Kala Singh and his men objected, Mohinder Singh gave a gandasa blow to Rachhpal Singh. To defend himself Rachhpal Singh then gave a kasouli blow to Mohinder Singh. According to the defence accused Dalip Singh (appellant), Arjan Singh and Shabeg Singh were not even present there.;