HARBANS SINGH RAI, J. - (1.) SANTA Singh (70) and his three sons Kashmir Singh (30), Jagir Singh (23) and Joginder Singh (19) were tried under section 302/34, Indian Penal Code, by the learned Additional Sessions Judge, Ferozpur, for the murder of Bhagwan Singh. By judgment and order dated September 5, 1988, Santa Singh and Jagir Singh were convicted under section 302/34, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 3000/- each, in default of payment of which they were further sentenced to R1 for one year. Kashmir Singh and Joginder Singh were acquitted. The convicted accused have preferred Criminal Appeal No. 383-DB of 1988 and the State of Punjab has filed Criminal Appeal No. 243-DB of 1989 against the said acquittal. We propose to dispose of both these appeals by this judgment.
(2.) ACCORDING to the prosecution, Bhagwan Singh deceased made about 2 Killas of land cultivable more than two decades back in the area of village Ghurka, 3 KMs from village Ladhuka, PS Sadar Fazilka, to which Bhagwan Singh belonged. The land belonged to the Central Government. About 3/4 years back, Santa Singh accused got changed the Khasra girdawari of the aforesaid two killas of land in his own name. Litigation between Bhagwan Singh on the one hand and Santa Singh on the other hand with regard to the said land had been going on. The case of the prosecution is that an order of allotment of the land on payment of instalments was made in favour of Bhagwan Singh. On September 6, 1987. Bhagwan Singh along with his sons Jagir Singh PW-3 and Kaka Singh PW-4 went to village Guddar Bhaini in order to meet the Patwari who was supposed to be coming to the house of Dhola Singh, Member, Panchayat. From their village to Guddar Bhaini the path lay near the land which had been allotted to Bhagwan Singh. When Bhagwan Singh and his sons passed near the land in question, Santa Singh and his son Joginder Singh, accused, were working in the field. Bhagwan Singh and his sons told Santa Singh that now that the land had been allotted to them permanently in future they would plough the same. There upon Santa Singh and his Son Joginder Singh retorted that they would see how they entered the land. The used some hot words. Bhagwan Singh and his sons said that they had deposited the money and would not give up their claim. After the above brief exchange of words Bhagwan Singh and his sons went to Guddar Bhaini. Santa Singh and his son went away towards their village Ladhuka speaking something loudly. The patwari failed to turn up at the house of Dhola Singh. After waiting for some time, Bhagwan Singh and his sons started returning to their village Ladhuka. At about 3 p.m. when they turned on the broad passage leading from Bhaini Guddar Singh, the four accused i.e. Santa Singh and his three sons emerged from the field called 'Jhanjan'. At the time Bhagwan Singh was ahead of his two sons. Santa Singh was armed with a Saila and he raised a lalkara saying that Bhagwan Singh had come and he should not escape exhorting the others to "deliver" possession of the land to them. Kashmir Singh gave a blow from the sharp side of his gandasa on the head of Bhagwan Singh, as a result of which he fell down. Jagir Singh gave a gandasa blow to him from the reverse side on his left hand. Joginder Singh gave a gandasa blow on the inner side of the right leg of Bhagwan Singh near the ankle. This was followed by Santa Singh giving two saila blows on the left thigh of Bhagwans Singh. Jagir Singh and Kaka Singh were standing at a small distance. They raised alarm. The four accused, however, caused some more injuries to Bhagwan Singh with their respective weapons and thereafter they ran away towards the fields. Kaka Singh brought tractor-trolly of Lakshman from the village and both the sons removed their father to Civil Hospital, Fazilka. On the way Bhagwan Singh succumbed to his injuries. The doctor sent information to the police, on receipt of which ASI Natha Singh PW-6 went to Civil Hospital, Fazilka. He recorded statement Exhibit PH at 7.10 p.m. of Jagir Singh and forwarded the same to the police station where First Information Report was entered at 7.20 p.m. Copy of the special report was received by the Judicial Magistrate at 9 P.m. ASI Natha Singh PW-6 later arrested Santa Singh on September 7, 1987, and finding some injuries on his person got him medically examined. He also went to the spot and picked up blood-stained earth on September 10, 1987. He put Jagir Singh under arrest and in pursuance of a disclosure statement he recovered at his instance gandasa Exhibit D-3. SI Nachhatar Singh PW-5 partly investigated the case. On September 8, 1987, Joginder Singh and Kashmir Singh were produced before him. They were carrying gandasas Exhibit D-1 and D-2 respectively, which were taken into possession, and converted into sealed parcels. At the trial, the prosecution put forward Jagir Singh PW-3 and Kaka Singh PW-4, both sons of the deceased, as eye-witnesses. They supported the version given above.
(3.) DR . I.M. Chalana PW-2 deposed having found the following injuries on the dead body of Bhagwan Singh in the post-mortem examination :- "1. A lacerated wound 4 cm x .75 cm x bone deep obliquely on left parietal bone extending upto the middle of midscalp line. Blood clots were entangled in the hair. 2. There was deformity of left upper arm in its middle. On dissection the humerus was found to be fractured into two pieces. Sub-cutaneous tissue was congested. 3. A reddish contusion 7 cm x 3 cm on the left side of chest slightly oblique over 4th, 5th, 6th and 7th ribs starting anteriorly and went upto mid axillary line. 4. A reddish contusion 10 cm x 5cm on left hip joint, vertical on the outer aspect. 5. Reddish contusion 4 cm x 2 cm over the left iliac crest region. 6. Lacerated wound 1 cm x .5 cm on the left thigh posteriorly and was .5 cm deep. 7. There was deformity of right leg just above the ankle joint. Overlying there was a lacerated wound 2 cm x 1 cm medially underneath the tibia and fibula were found to be fractured. 8. A reddish contusion 4 cm x 2 cm over left scapula 2 cm from the left shoulder joint and was vertical in direction. In his opinion, the cause of death was hemorrhage and shock on account of injuries 1, 3 and 7 to the brain and left lung which was sufficient to cause death in the ordinary course of nature. All the injuries were antemortem in nature. In those-examination Dr. Chalana specifically confirmed that all the injuries on the deceased were by blunt weapon and all the injuries could be caused by a single weapon. He further confirmed after seeing the gandasas Exhibits D-1&D-2 that they had nails/screws protruding out-side on the reverse side of the blade, and if the nail portion i.e. reverse portion of the gandasas hit the body the nails were likely to cause lacerated wound. With regard to injury No. 1, he stated that as there was injury to the brain matter most probably the injured would go into a coma on receipt of that injury on the head. Dr. V.K. Bassi PW-1 examined Santa Singh accused and noted the following injuries on his person : 1. Lacerated wound 3 cm x 1 cm vertical in direction on lower part of right leg. It was 4 cm above the ankle joint. Granulation tissue and pus was present in the wound. X-ray was advised. 2. A healing wound 0.5 cm x 0.25 cm on lateral and lower part of left elbow joint. Granulation tissue and soft scab formation was present. X-ray was advised. 3. Swelling on dorsum of right hand 6 cm x 4 cm, colour of swelling was greenish yellow. X-ray was advised. 4. A greenish yellow swelling on the back of left thigh in its upper one-third part. It was 7 cm x 4 cm. 5. A greenish yellow contusion 16 cm x 5 cm on the front of right upper arm. 6. A greenish yellow contusion 5 cm x 3 cm on lateral part of right thigh, at its upper area. On receipt of the X-ray report, he declared injury No. 3 as grievous and the remaining injuries as simple. ;