- (1.) The prosecution story is as under : P.W-2 Dalbir Singh, a resident of village Ghagge, had been working as a Labourer for about 10 years prior to the present occurrence at the brick-kiln situated in village Bhalaipur. On May 16, 1980 Dalbir Singh returned home as usual after his day's work. At about 8.00 P.M., he, his father, Manna Singh, his wife Nindro, sister Bindro and mother Mindo were present in his house when Harpal Singh accused came to their Courtyard and started abusing Manna Singh on which there was an exchange of abuses between the two. On hearing the commotion, Ranga Singh (P.W-1), Mohindero alias Mindo (P.W-3) and Kashmir Singh (P.W-5) came there and on their intervention, the parties were separated. Harpal Singh accused thereafter returned to his house but a short while later returned armed with a spear and accompanied by his co-accused Paramjit Singh alias Pammi, who was armed with a Kirpan, Bhajan Singh with a DBBL gun and Karnail Singh, their father, empty handed. Karnail Singh raised a Lalkara that Manna Singh should be taught a lesson for abusing Harpal Singh, on which Harpal Singh gave 2/3 spear blows on the person of Manna Singh, on which he fell down on the ground. When Dalbir Singh (P.W-2) and Ranga Singh (P.W-1) stepped forward to rescue their father, Pammi accused gave a Kirpan blow on the person of Ranga Singh whereas Harpal Singh accused also gave a spear blow to him. Dalbir Singh, Mindo, Chhindo and Kashmir Singh stepped forward to lift Manna Singh but Bhajan Singh fired 2/3 shots from his gun hitting them on various parts of their bodies. The accused then ran away from the spot. The injured were thereafter removed to the hospital at Mianwind. Manna Singh was medico-legally examined by Dr. S.C. Saini at about 1.55 P.M. on May 17, 1980. He, however, died at 2.10 P.M. Chhindo was also medico-legally examined by the said doctor at 2.45 P.M. but she too died subsequently. Ranga Singh was also medico-legally examined and two incised wounds were found on his person whereas Kashmir Singh, Dalbir Singh and Mohindo were also medico-legally examined and they were found to be suffering from gun shot injuries. The copies of the medico-legal reports were also sent by the doctor to the S.H.O. Police Station, Verowal, who reached the hospital at Amritsar as the patients had in the meanwhile been shifted to that hospital. The Police Officer then recorded the statement of Dalbir Singh (P.W-2) and sent it to the police station for the registration of the F.I.R., which was recorded at 2.30 P.M. on May 17, 1980. During the course of the investigation, Paramjit Singh, Bhajan Singh and Karnail Singh were arrested whereas Harpal Singh, the present accused abscounded. The three accused were accordingly brought to trial for offences punishable under Sections 302 etc. of the Indian Penal Code and vide judgment dated January 27, 1982, of the Addl. Sessions Judge, Bhajan Singh and Paramjit Singh were convicted and sentenced on various counts whereas Karnail Singh was acquitted. Bhajan Singh and Paramjit Singh also filed Criminal Appeals in the High Court and vide judgment dated August 3, 1982, the appeal filed by Paramjit Singh was allowed whereas that of Bhajan Singh was dismissed. It has been pointed out by Mr. TPS Mann, the learned counsel appearing for accused Harpal Singh, that the S.L.P. filed by Bhajan Singh thereafter was not entertained. Harpal Singh accused was arrested on January 31, 1994 and a supplementary challan was submitted against him and he was charged as under : Under Section 302 IPC for the murder of Manna Singh Under Section 302/34 IPC for the murder of Chhindo Under Section 307/34 for causing injuries on the person of Dalbir SinghMohindro and Kashmir Singh. Under Section 324/34 IPC for causing injuries on the person of Ranga Singh. and as he pleaded not guilty, was brought to trial. The prosecution in support of its case relied upon the evidence of P.W-1 Ranga Singh; P.W-2 Dalbir Singh; P.W-3 Mohindro; and P.W-5 Kashmir Singh. On an application moved under Section 311 of the Code of Criminal Procedure, the evidence of Dr. Jagdish Chhatwal and Dr. S.C. Saini and the medico-legal reports of Chhindo, Ranga Singh, Kashmir Singh, Dalbir Singh and Mohindo, were tendered into evidence.
(2.) On an appreciation of the evidence, the trial Court held that the eye- witness account given by the injured witnesses had been fully corroborated by the medical evidence and proved the case beyond doubt. It was also held that the statements of Dr. Jagdish Chhatwal and Dr. S.C. Saini as well as the medico-legal reports of Chhindo etc. were admissible in evidence, more particularly as Dr. Jagdish Chhatwal and Dr. S.C. Saini were no longer traceable due to passage of time. It was also observed that though Mohindro (P.W-3) and Kashmir Singh (P.W-5) had been declared hostile yet the other evidence clearly proved the case beyond doubt. The plea of the accused that he could not have wielded the spear as he was physically handicapped was repelled as there was no evidence with regard to the nature of his incapacity. The trial Court accordingly convicted and sentenced the accused as under : Under Section 302 IPC for the murder of Manna Singh to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default thereof to undergo, further rigorous imprisonment for six months; Under Section 307/34 IPC for causing injuries to Dalbir Singhto undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default thereof to undergo further rigorous imprisonment for three months; Under Section 307/34 IPC for causing injuries to Mindoto undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default thereof to undergo further rigorous imprisonment for three months; Under Section 307/34 IPC for causing injuries to Kashmir Singhto undergo rigorous imprisonment for five years and to pay a fine of Rs. 500 and in default thereof to undergo further rigorous imprisonment for three months.
(3.) All the substantive sentences of imprisonment were, however, ordered to run concurrently.;