- (1.) By filing this appeal, the appellants have impugned judgment and order dated February 28, 2007, vide which both were convicted for commission of an offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each with a default clause . It was allegation against them that they in the intervening night of 2 nd and 3 rd December, 2002, had committed murder of Sukhdev Singh (aged about 70 years), in the area of village Navi Abadi, Samrala Road, Khanna, by causing injuries to him with the help of sharp-edged weapons. FIR under Sections 307/452/34 IPC was registered in Police Station City Khanna on December 8, 2002. Appellants No. 1 and 2 were arrested on August 17, 2003, and October 15, 2003, respectively. In the process, by now they had undergone more than 7 years of sentence. The process of law was set in motion on a statement Ex. PD made by PW2 Kamaljit Kaur Virk (daughter of the deceased) on December 8, 2002, at 11.30 AM. Her statement was recorded by S.I. Harbhajan Singh (PW11), which led to the registration of an FIR Ex. PD/2 at 11.40 AM on December 8, 2002, under Sections 307/452/34 IPC. In the meantime, it was reported that Shri Sukhdev Singh had died at about 10 AM in Daya Nand Medical College (in short DMC) & Hospital at Ludhiana. In view of above fact, offence under Section 302 IPC was added in the said FIR. Special report reached the concerned Magistrate at Khanna at 2 PM on December 8, 2002.
(2.) Case of the prosecution as noted by the trial Judge reads thus: "That on 3.12.2002, a secret information was received through class- IV of Civil Hospital, Khanna at P.S. City Khanna that Sukhdev Singh son of Kartar Singh Virk, Jat, r/o Navi Abadi, Khanna was brought to the Civil Hospital, Khanna in an injured condition. Since he was serious, so he was referred to District Hospital, Ludhiana. On 3.12.2002 and 6.12.2002, ASI Jai Singh went to the New Dayanand Hospital, Ludhiana, but, the Medical Officer concerned declared the injured unfit to make the statement. During said period, no eye witness could be met who could narrate the occurrence. On 8.12.2002, SI Harbhajan Singh accompanied by ASI Jai Singh and other police officials was going to Navi Abadi, Khanna in connection with the above said case, then in front of the house of the injured, Kamaldip Kaur d/o Sukhdev Singh, r/o H.No. 966, Navi Abadi, Khanna and her brother-in-law Mohinder Singh and sister Baljit Kaur met the police. Kamaldip Kaur Virk d/o Sukhdev Singh Virk got her statement recorded before SI Harbhajan Singh. She made the statement that they were four sisters and two brothers. She was the youngest. Her elder sisters were married. Her both brothers Satwant Singh and Inderjit Singh were residing in America. Her father Sukhdev Singh was also green card holder of America. He was visiting America frequently. He went to America in Sept., 2002 and returned to India in October. A civil case with regard to land was pending in the Civil Court, Khanna between her father Sukhdev Singh and Gurcharan Singh son of Kesar Singh, Jat, r/o Purani Sarai, Khanna. In order to pursue the said case, her father had to stay at Khanna for most of the period. Their land was in front of their house. They had built boundary wall around the land. They had constructed some rooms in the land. They had installed a flour mill, cotton scotching machine and water tubewell there. Her father had also built a hut in the land covered with Tarpauline. They had also got one bulb connection from the neighbourhood and said bulb was glowing whole night. Prior to Diwali, her father's cousin Charanjit Singh @ Ghola son of Pritam Singh, Jat, r/o Navi Abadi, Khanna who was their neighbour used to sleep in the said hut for watching the fields. After Diwali he stopped sleeping there. Her father Sukhdev Singh started sleeping in the said hut. On the intervening night of 2 nd and 3 rd Dec., 02, her father was sleeping in the hut as usual. It was 12.00/12.30 night time, she was about to go inside the bath room built in the courtyard of their house. She heard loud cries of her father 'Marta', 'Marta'. She hurriedly ran towards the gate. She opened the window of outer gate and saw outside in the Gali and found that Jaggi s/o Gurcharan Singh, r/o Purani Sarai, Khanna and Charanjit Singh @ Ghola son of Pritam Singh, Jat, r/o Navi Abadi, Khanna jumping out of their fields in the gali from the boundary wall. Ghola was holding unsheathed kirpan in his hand and Jaggi was holding Dah in his hand. They ran towards the bazar from the gali in front of the gate of their house. She identified them under the street lights. She immediately opened the gate of the boundary wall and was running towards her father. Then her father was coming staggering towards the house in a severely injured condition. She brought him out via room adjoining the floor mill and asked him what had happened. Her father replied that he was half asleep. It was 12.00/12.30 mid night. Ghola and Jaggi entered inside the hut. They immediately after coming there, started giving injuries at him with the sharp edged weapons which they were carrying in their hands. Ghola and Jaggi were saying to one another that he should not be spared alive and he would be killed on that day and matter would be finished for ever. He identified them in the light of the bulb installed in the hut. Jaggi was saying to Ghola that he would get his share. She raised alarm in a loud voice that her father was killed and called the people in the neighbourhood who were hearing her to reach there immediately. On hearing her noise, their neighbour Chheena son of Pritam Singh and Kala son of Jarnail Singh came there. They put her father on the scooter of Kala. Chheena sat behind him holding him and they went towards Civil Hospital, Khanna. She also on the car of her neighbour reached at the hospital and got her father admitted there. The Doctor present there referred him to Ludhiana due to number of injuries on his person. Her brother-in-law Paramjit Singh, sister Baljit Kaur, rs/o Rajewal and Jaswant Singh Grewal, her father's friend etc. on coming to know the incident also reached in the hospital. They got her father admitted in New Dayanand Medical College Hospital, Ludhiana. Thereafter her brother in law Paramjit Singh and Jaswant Singh started asking her what had happened. She started exclaiming in pitiful voice. She could not talk to them and fell unconscious. Since that day, she was suffering fits and was unconscious and so could not tell anything. She had regained consciousness, so they were going to lodge the report in the police. The police met on the way. The motive for the crime was that Jaggi son of Gurcharan Singh had land dispute with her father. Similarly her father had also long pending civil dispute with Pritam Singh father of Ghola who was real paternal uncle of her father. So, they in pursuance of their common intention had caused injuries at her father. Her father was admitted in New DMC Hospital, Ludhiana."
(3.) The Investigating Officer SI Harbhajan Singh (PW11) then inspected the place of occurrence and prepared rough site plan Ex. PF with correct marginal notes. Kamaljit Kaur Virk (PW2) also produced before him items of the bed, on which the deceased was lying at the time of occurrence, i.e., one pillow, one Patka, one quilt, one mattress, one bed sheet and one Khes. The above articles were taken into possession against recovery memo Ex. PE. The Investigating Officer also recorded statements of the witnesses. On receipt of information that Sukhdev Singh had died in the hospital, the Investigating Officer went to DMC Hospital, Ludhiana, prepared an inquest report on the dead body and sent it for post-mortem examination, which was conducted by Dr. Ashok Raswant (PW1), on December 9, 2002, and he found 21 injuries on the person of the deceased. The Investigating Officer raided houses of the appellants on December 10, 2002, and on December 13, 2002, but they were not available. Investigation was transferred to SI Baldev Singh on December 14, 2002. Thereafter investigation was handed over to Inspector Harbans Singh (PW12) on October 15, 2003. Both the appellants were arrested in the meantime. On completion of investigation, final report was put in Court.;