GURDEV SINGH, J. - (1.) THE appellants-accused, Charanjit Singh and Om Parkash Singh, were convicted by the Addl. Sessions Judge, Jalandhar, vide judgment dated 20.7.2001, for the offences under Sections 302, 324 read with Section 34 IPC and were sentenced as under :- Charanjit Singh Sr. No. Under Section Sentence imposed Fine 1 302 IPC To undergo rigorous imprisonment for life 5000/- In default of payment of fine to further undergo rigorous imprisonment for a period of six months 2 324/34 IPC To undergo rigorous imprisonment for two years - OmParkash Singh Sr. No. Under Section Sentence imposed Fine 1 302/34 IPC To undergo rigorous imprisonment for life 5000/- In default of payment of fine to further undergo rigorous imprisonment for a period of six months 2 324 IPC To undergo rigorous imprisonment for two years - - The present appeal has been filed against that conviction and sentence.
(2.) PROSECUTION case, in brief, is that Kuldip Kumar, deceased, younger brother of Paras Ram, complainant, PW-5, was the President of the Dharamshala of his village. There was one Gurudwara by the name of Baba Mohinder Singh in the village, where a fair used to be held in the month of June every year. Satnam Singh was the Gaddi Nasheen of that Gurudwara. Both the accused are the real brothers of Satnam Singh, who along with their relations had been coming to the village to attend that fair and on that account were known to the complainant. Even in the month of June, 1999, they had come to attend the fair. On 8.6.1999, at about noon time, they were playing cricket in the Dharamshala of the village and were prevented from doing so by the deceased in his capacity as the President of the Dharamshala. On that account, a quarrel took place between them. The complainant and Satnam Singh intervened and they were prevented from quarreling with each other. Thereafter, the complainant and the deceased went to their fields. At about 10-00 p.m., they were coming back to their house and were being followed by Satnam Singh, who was coming on his tractor. When they reached near the electric tube well of Swaran Singh, both the accused were standing at that place. Om Parkash Singh exhorted the other accused to catch hold of them and to teach them a lesson for stopping them from playing in the Dharamshala. Thereafter, Om Parkash Singh, took the deceased in his grip by holding him with his arms from the back side, whereas Charanjit Singh gave two blows with his small kirpan on the left lower side of the chest and left flank. The complainant raised an alarm, which attracted Paramjit Singh, PW-6 to the spot, who came ahead to save the deceased from the accused, upon which Charanjit Singh gave a blow with his kirpan on his left arm. When the alarm was raised by the complainant and others, both the accused escaped from the spot with the said kirpan. This occurrence was witnessed by the complainant and the other witnesses in the light of the electric bulb, which was installed in the said electric tube well. After arranging for the conveyance, the deceased was removed to the PHC, Adampur, from where he was referred to Civil Hospital, Jalandhar. In that hospital, he was medico legally examined by Dr. Gurpal Singh, PW-4, who found two injuries on his person and the same were detailed in the Medico Legal Report, Ex. P.G. Paramjit Singh was medico legally examined in PHC, Adampur, by Dr. Bhupinder Pal Singh, PW-1, who found one injury on his person and the same was detailed in the Medico Legal Report, Ex. P.B. Dr. Gupral Singh, PW-4, sent intimation about the admission of the deceased in the hospital to the police Station. The deceased succumbed to his injuries. An intimation to that effect was sent to the police station by the doctor. The complainant was proceeding to the police station to lodge a report, when Inderjit Singh SI, SHO, PW-9, met him on the main road in the limits of village Madaran. At that place he made statement Ex. PH, about this occurrence before the SI, who after making his endorsement, Ex. PH/1, upon the same sent that to the Police Station and on the basis thereof, formal FIR, Ex. PH/2, was recorded against the accused under Section 302/34 IPC. The SHO accompanied by the complainant, came to Civil Hospital, Jalandhar, and prepared the inquest report, Ex. PE, in respect of the dead body of the deceased and sent the same for post mortem examination, along with his application, Ex. PF. Paramjit Singh produced his blood stained shirt before the SI., who converted the same into a parcel and sealed the same with his seal "IS". The sealed parcel, Ex. P.2, was taken into possession, vide Memo Ex. PM. The autopsy on the dead body of the deceased was performed by Dr. Kanwaljit Singh Bawa, PW-3, who found two ante mortem injuries on the same and gave his opinion that the cause of death was hemorrhage and shock due to those injuries and the same were sufficient to cause death in the ordinary course of nature. After the post mortem examination, the wearing apparels found on the dead body, were handed over by the doctor to Sharanjit Singh, Constable, who produced the same before the SI and the same were converted into a parcel, which was sealed with the seal of SI and was taken into possession, vide Memo Ex. PO. The SI went to the place of occurrence and after inspecting the same prepared the rough site plan, Ex. PP, with correct marginal notes. He collected the blood stained earth, which was put in a small plastic box and the same was converted into a parcel and was sealed with the said seal. That sealed parcel, Ex. P.6, was taken into possession, vide Memo Ex. P.J. One torn portion of the shirt of the deceased was found lying at the spot and the same was taken into possession, vide Memo Ex. PL. One wooden comb of the deceased was found at the spot, which was converted into a sealed parcel and was taken into possession, vide Memo Ex. PK. After coming back to the police station, the SI deposited the case property with the MHC. The subsequent investigation was conducted by Sucha Singh, SI, PW-8. On 15.6.1999, he arrested both the accused. On 17.6.1999, he interrogated Charanjit Singh-accused, in the presence of the complainant and Amrik Singh, ASI, upon which he made a disclosure statement that he had kept concealed one small kirpan, stained with blood, on the back side of Godrej Storewell, under the clothes in the residential room of Gurudwara, Matowali, about which, only he had the knowledge and could get the same recovered from that place. In pursuance of that disclosure statement,Ex. PL, he got recovered one small kirpan, Ex. P.1, from the said place. The SI prepared the rough sketch, Ex. PL/2, of that kirpan and converted the same into a parcel and sealed the same with his seal "SS". The sealed parcel was taken into possession, vide Memo Ex. PL/1, and on coming back to the police station, deposited that sealed parcel with the MHC. The sealed parcels containing the blood stained earth, small kirpan, wearing apparels of the deceased and the portion of the shirt of the deceased, recovered from the spot, were sent to FSL, Punjab, Chandigarh, on 24.6.1999, through Sharanjit Singh, Constable and were delivered at that place with seals intact. After analysis, it was reported by the Director of that laboratory that the same were stained with human blood. The map on scale, Ex. PN, of the place of occurrence was got prepared from Dalip Singh, Draftsman, PW-7. After the completion of the investigation, the challan was put in before JMIC, Jalandhar, who committed the same to the Court of Session on the ground that the offence under Section 302 IPC was exclusively triable by the Court of Session. The case was entrusted to Additional Sessions Judge, Jalandhar, for the trial of the accused, who found sufficient grounds for presuming that Charanjit Singhaccused committed offences punishable under Sections 302 and 324 IPC, whereas Om Parkash Singh, accused, committed offences punishable under Sections 302, 324 read with Section 34 IPC. They were charged accordingly, to which they pleaded not guilty and claimed trial. To prove the guilt of the accused, prosecution examined Dr. Bhupinder Pal Singh Randhawa, PW-1, HC, Mohinder Singh, PW-2, Dr. Kanwaljit Singh Bawa, PW-3, Dr. Gurpal Singh, PW-4,Paras Ram, complainant, PW-5, Paramjit Singh, PW-6, Dalip Singh, Draftsman, PW-7, Sucha Singh SI, PW-8 and Inderjit Singh SI, PW-9.
(3.) AFTER the close of the evidence by the prosecution, the learned trial court examined the accused and recorded their statements under Section 313 Cr.P.C. The incriminating circumstances appearing against them in the prosecution evidence were put to them in order to enable them to explain the same. They denied all those circumstances and pleaded their false implication. It was stated by Charanjit Singh-accused, that he is Amritdhari Sikh and had been doing the Shabad Kirtan. He had been wearing all the symbols of Amritdhari Sikh i.e. Kangha, Kachha, kesh, kara and kirpan(gatra). On the day of occurrence, the deceased suddenly emerged and abused him and his religion and also committed the contempt of his religion. The deceased pulled his turban and long hair and in the process, his kangha fell down. The deceased pressed his throat in order to kill him and apprehending danger to his life and while acting in self defence, he caused injuries to the deceased. Paras Ram, complainant, Paramjit Singh, PW and Om Parkash Singh were not present at that time. It was stated by Om Parkash Singh-accused, that he was not present at the time of occurrence. The accused were called upon to enter on their defence and they examined Jaswinder Singh, Photographer, DW-1, Parminder Singh, DW-2, Sukhraj Singh, DW-3 and also tendered the Admission Card, Ex. D-9 and Identity Card, Ex. D-10 in their defence evidence.;