H.S. Bedi, J. - (1.) The prosecution case is as under:- PW-3 Man Singh, the complainant and a resident of village Bande Mahal Kalan, was employed in a Corporation at Fatehgarh Sahib. His younger brother Dan Singh (deceased), who was serving in the Army, had come home on two months leave. At about 9.00 A.M. on July 24,1993, Dan Singh after picking up some wood from the jungle around the Sirhind Canal was returning home when he came across Man Singh aforesaid and one Sadhu Singh near the village Gurdwara, Sadhu Singh told Dan Singh that he had no business to cut wood from the jungle as he had taken the same on lease, on which there was an altercation between them. Man Singh, however separated the two and took Dan Singh towards the Gurdwara whereas Sadhu Singh left for the village. A short while later, Jasmer Singh alias Kaka Singh son of Ajain Singh driving a tractor No. PBR 5659 with Jaswinder Singh and Karamjit Singh armed with a Gandasi each sitting on it came there. Sher Singh son of Sadhu Singh driving another tractor bearing No. PB-12-A-0501 with Sadhu Singh and his brother Ajain Singh and Paramjit Singh armed with Lathis and Gandasi respectively sitting on it also arrived at the scene. As they reached near the Gurdwara, they raised a Lalkara and alighted from the tractor. Paramjit Singh accused gave a gandasi blow from its reverse side on the back of Dan Singh and Sadhu Singh gave a Lathi blow on the left side of his waist. Accused Ajain Singh also gave a Lathi blow on the right arm of Dan Singh and Karamjit Singh gave a Gandasi blow from its blunt side on his left wrist and Jaswinder Singh gave a gandasi blow on his afore head, on which Dan Singh fell down. Man Singh aforesaid tried to rescue Dan Singh but Sadu Singh accused gave three lathi blows to him whereas Karamjit Singh accused gave Gandasi blows from its blunt side on his head and Paramjit Singh gave a Gandasi blow from its reverse side on his left side, On nearing the alarm, PW-4 Paramjit kaur, Dan Singhs niece, and PW-5 Mohinder Singh also reached the place of incident and when they tried to intervene, they too were given blows from the reverse side of the Gadasis by Paramjit Singh, Jaswinder Singh and Karmajit Singh. The five accused then got on to the tractors and drove over the head of Dan Singh, as a result of which the died at the spot. Sher Singh and Jasmer Singh also tried to run over Man ' Singh and Paramjit Kaur but they managed to save themselves. The incident 3 was also witnessed by Jalawar Singh and Didar Singh from a nearby place. The accused then ran away from the spot. Leaving Jalawar Singh to guard the dead body, Man Singh accompanied by Paramjit Kaur made his way to Police 4 Station, Ropar, three miles away, but on the way came across a police party headed by PW-9 Sub inspector Niranjan Dass. PW-3 Man Singh then made his statement to him at 4.10 P.M. and on its basis, the formal F.I.R. was registered at Police Station Ropar at 4.20 P.M. with the special report being delivered to the Illaqa Magistrate at ropar at 6.45 P.M. PW-3 Man Singh was medico-legally examined on July 24,1993 and nine simple injuries were found I on this person. Likewise, Paramjit Kaur was medico-legally examined at 2.00 P.M., the same day and two simple injuries were found on her person. The i accused were arrested on July 26, 1993 by Sub Inspector Niranjan Dass and the two tractors allegedly used in the murder were taken into possession. The accused were also interrogated and on the basis of their disclosure statements, the weapons of offence were duly recovered from the places of their commencement. The weapons recovered were sent for examination to the Forensic Science Laboratory. On the completion of the investigation, the accused were challaned and committed to stand trial and were charged as under:- JUDGEMENT_213_LAWS(P&H)1_2001(1).html
(2.) In support of its case, the prosecution relied upon the evidence of PW-1 Dr. Dinesh Kumar, who had medico-lagally examined Paramjit Kaur and had found two simple injuries on her person; PWs 3,4 and 5 Man Singh, Paramjit Kaur and Mohinder Singh respectively, the three eye- witnesses of whom PW-3 Dr. Manjit Singh, who had conducted the post- mortem examination on the dead body and had found one head injury on the person of the deceased and also medico-legally examined Mohinder Singh on July 27, 1993 and had found two simple injuries on his person; PW-9 Niranjan Dass, the Investigating Officer; and PW-11 Dr. Kishori Lal, who had medico-legally examined PW-3 Man Singh and had found nine injuries on his person.
(3.) The prosecution case was then put to the accused and they denied their involvement and pleaded false implication on account of enmity.;