JASBIR SINGH - (1.) THIS order will dispose of Criminal Appeal No.D-84-DB of 2002 and Criminal Revision No.2272 of 2002, arising out of judgment dated 23.1.2002, passed by the Additional Sessions Judge, Hoshiarpur, convicting and sentencing the appellants-accused.
(2.) CRIMINAL revision has been filed with a prayer that heavy fine be imposed upon the appellants and the amount so realized be paid to the petitioner Kulwant Kaur wife of the deceased by way of compensation. It was allegation against the appellants and five others that on 7.3.1999 at about 9.30 p.m. in village Mangarh, they have committed murder of Santokh Singh Sarpanch of the village. Against four others, namely, Karnail Singh alias Balla, Malkiat Singh, Jaspal Singh alias Bhola and Onkar Singh alias Kala, it was allegation that they had conspired with the appellants to kill the deceased Finding no evidence against them, they were discharged before recording their statements under Section 313 Cr.P.C. Another accused, namely, Shambhu was declared a proclaimed offender. Process of law was set in motion on a statement made by Kulwant Kaur, wife of the deceased, which was recorded at about 1.00 a.m. on 8.3.1999. FIR (Ex.PA/2) was recorded in police station Dasuya at 1.45 a.m. Special report reached the Magistrate at Dasuya at 9.00 a.m. The case of the prosecution as noted by the trial Court reads thus: "Briefly stated the case of the prosecution is that Santokh Singh deceased husband of PW Kulwant Kaur was the Sarpanch of village Mangarh. On 7.3.99 at about 9.30 p.m. PW Kulwant Kaur, her husband Santokh Singh deceased, their daughter Rajbir Kaur and grand-daughter Parneet after taking meals were going to sleep. Rajbir Kaur had gone inside the room. PW Kulwant Kaur and her husband Santokh Singh deceased were about to sleep in the verandah of their house. They suddenly heard the sound of foot steps of some persons who entered their house after scaling the wall. PW Kulwant Kaur switch on the light of the verandah to see that some persons might have come to her husband on account of some dispute. In the meanwhile Kulwant Kaur has seen that accused Romi son of Sarwan Singh armed with Kirpan Gurpartap Singh son of Dilbag Singh, Dasondha Singh son of Gainda Singh and also Baljit Kaur wife of Onkar Singh resident of village Mangarh and one more person were present. She could not identify the 5th person present in their verandah. Accused Baljit Kaur raised Ialkara that the mean Sarpanch should be taught a lesson for doing parvi of the case against them and at this accused Dasondha Singh and Gurpartap Singh caught hold of Santokh Singh from his arms while Santokh Singh was lying on cot. Accused Romi gave a blow with kirpan on the left side of chest of Santokh Singh. PW Kulwant Kaur raised raula and on hearing his raula their neighbour Gurbachan Singh son of Amin Chand switch on the light and came to their house and raised Ialkara. On hearing Ialkara of Gurbachan Singh, accused ran away. PW Kulwant Kaur with the help of Gurbachan Singh took Santokh Singh to civil hospital Dasuya where Santokh Singh was declared dead."
(3.) THE investigating officer SI Ajay Singh (PW8), on getting information from PW1, namely, Kulwant Kaur, went to the spot and then to the hospital, prepared inquest report on the dead body and sent it for post-mortem examination, which was conducted by Dr. Jarnail Singh (PW2) on 8.3.1999 at 1.10 p.m. THE witness has deposed that rigor mortis was well developed on all four limbs of the dead body. THE following injuries were found on the person of the deceased:- "1. Incised wound 5 cm. x 2 cm. vertically lies in the midline of the upper part of epigastrium. 2. THEre were two incised wounds each measuring 2.5 cm. x 0.5 cm. on back of left side of abdomen 3 cm above iliac crest and 3 cm. from mid line. On dissection injury No. 1 was traversing downward laterally and posterially to communicate with injury No.2 after cutting the underlying peritorium stomach mesentry and abdominal aorta partially. THE peritorium cavity was full of blood and clots." As per opinion, the injury was found ante mortem in nature and cause of death was hemorrhage and shock due to injury Nos.1 and 2, which were sufficient to cause death in an ordinary course of nature. In reexamination, this witness has stated that injury No. 1 may be the entry wound and injury No.2 may be an exit wound.;