D.S. Tewatia, J. - (1.) FOX the murder of one Pritam Singh, aged 60 years, resident of village Kheri in district Ropar, and for causing grievous and simple injuries to his son Jagjit Singh, aged 23 years, three persons, namely, Waryam Singh, his brother Bakhtawar Singh, aged 65 and 70 years respectively, and the latter's son Bachan Singh, aged 30 years, all residents of the same village Kheri, were tried. The trial Court, vide its judgment, dated 31st March 1970 acquitted Bachan Singh and his father Bakhtawar Singh accused, but convicted Waryam Singh under sections 302, 326 and 324, Indian Penal Code, and sentenced him to life imprisonment under section 302, to seven years' rigorous imprisonment and a fine of 1,000/ - and in default thereof to further rigorous imprisonment for two years under section 326, Indian Penal Code, and to two years' rigorous imprisonment under section 324, Indian Penal Code. The sentences of imprisonment awarded under sections 324 and 326, Indian Penal Code, were ordered to run concurrently with the imprisonment for life awarded under section 302, Indian Penal Code.
(2.) THE prosecution case, in brief, is that on 17th April, 1969 Jagjit Singh P.W. 4, his father Pritam Singh deceased and his uncle Sardara Singh P.W. 6 were working in their field known as 'Ujalwala' at about 5 -30 p.m., when two cows, two buffaloes, two Kattis and one goat belonging to the accused entered the sugarcane field of the complainants. The deceased and his two other aforesaid companions, when taking the aforesaid cattle to the cattle pond having reached the Cho, were joined in by Mehman Singh P.W. 5. At that time, Jagjit Singh P.W. 4 was carrying a Kulhari in his hands, while Pritam Singh deceased and Sardara Singh P.W. were unarmed. When they were in the middle of the said Cho, Bachan Singh, his father Bakhtawar Singh and, later on, the latter's brother Waryam Singh, all armed with Kul -haris, came from the side of their Bara and shouted to teach the complainants a lesson for taking the accused's cattle to the cattle pond and thereafter Waryam Singh opened the attack from the sharp side of his Kulhari hitting Jagjit Singh on his right hand. Bachan Singh and Waryam Singh also gave injuries to Jagjit Singh. Pritam Singh, who raised the Raula 'Mar Ditta, Mar Ditta' attracted the wrath of the accused. Bachan Singh accused inflicted two Kulhari blows on the head of the deceased. Thereafter, Waryam Singh too inflicted an injury on the head of the deceased. Thereupon, the deceased fell down. The accused inflicted further injuries on his person when he was still lying down. The deceased became unconscious. Jagjit Singh P.W. 4 then wielded his Kulhari in self -defence and caused a few injuries to Waryam Singh accused. Thereafter, the accused went away from the plate of occurrence carrying their weapons with them. The occurrence was witnessed by Sardara Singh and Mehman Singh also, Phuman Singh and Daulat Singh, who arrived immediately after the occurrence, were given an eye -witness account of the occurrence by Jagjit Singh. Daulat Singh brought a Gadda (bullock -cart) and he, along with Jagjit Singh and Mehman Singh, took Pritam Singh to the Civil Hospital at Ropar, where they reached at about 9 -30 P.M. Both Pritam Singh and Jagjit Singh were medically examined there. S.I. Mewa Singh P.W. 20, who went to the Civil Hospital, recorded the statement of Jagjit Singh, Exhibit P.A., at 1 -15 A. M. on 18th April, 1969, on the basis of which formal F.I.R., Exhibit P.A. 1, was recorded in the police -station at 2 P.M. on the same day (18th April, 1969). Dr. Kehar Singh P.W. 18, who examined Pritam Singh, referred him to the Post -graduate Medical Institute at Chandigarh, where he was operated upon by Dr. Gulati on the same day. However, he expired in the P.G.I. on 21st June, 1969 at 12 -45 P.M. Dr. Kehar Singh P.W. 18, who examined Pritam Singh, found six incised and two contused wounds on his person. The doctor opined that injury No. 1 was grievous and dangerous and injury No. 5 was grievous. The rest of the injuries were simple in nature. Out of the eight injuries, six were caused by a sharp -edged weapon and two by a blunt weapon. The duration of all the injuries were given as 'fresh'. Dr. Kehar Singh PW18 also examined Jagjit Singh PW4 on 17th April 1969 and found three incised and one contused wounds on his person. Injury No. 3, which was kept under observation, was later on declared as simple. Injury No. 1 was opined to be grievous and injuries Nos. 2 and 4 simple. Injuries Nos. 1, 2 and 4 were stated to have been caused by a sharp edged weapon and injury No. 3 by a blunt weapon. All the injuries were stated to be 'fresh'. Dr. Kehar Singh PW18 also examined, on police request. Exhibit P.N., Waryam Singh accused on 21st April 1969 at 11 a.m. and found on his person three contusions and two abrasions, as also tenderness on the right lower axillary and scapular region 2" x 2". Injuries Nos. 1 to 3, 5 and 6 were declared simple. Injury No. 4, which was kept under observation, was later on declared as grievous. All the injuries were caused by blunt weapon and the probable duration was given as '4 days'. The doctor further opined that injuries No. 5 and 6 on the person of Waryam Singh accused could be self inflicted, injury No. 1 could be caused by striking against a bard substance and the rest could be caused with a Lathi blow and injury No. 3 could be caused with a Lathi or a fist blow. In the meantime, Dr. Manmohan Goel PW3, Causality Medical Officer, General Hospital, Chandigarh, who performed the post -mortem examination on the dead body of Pritam Singh on 21st June 1969 at 5 -30 p.m., found the following injuries on his person: - 1. There was linear scar 6" on the scalp. 2.1" x 1" circular hole (wound) or right temporal region. Maninges was seen through the wound. There was fracture of parietal bone on right side. Death, in the opinion of the doctor, resulted from haemorrhage in brain due to the head injury and the probable duration between injury and death was given as 'about 2 months and 3 days' and that between death and the post -mortem as 'about 4 hours'. After the completion of the investigation, the police challaned all the accused who later on were committed to stand their trial in the Court of Session at Ropar. The prosecution, in support of its case, examined as many as twenty witnesses, including the doctors and the eye -witnesses, and also placed on the record the affidavits of Constables Amrik Singh PW12, Kehar Singh PW13, Baldev Krishan PW14, Maluk Chand PW15, Arjan Singh PW17 and Moharrir Head Constable Gurdev Singh PW16.
(3.) THE trial Court, while believing the prosecution story, convicted and sentenced Waryam Singh vide its judgment, dated 31st March 1970, but acquitted Bachan Singh and Bakhtawar Singh after giving them the benefit of doubt. Hence the present appeal at the instance of Waryam Singh accused alone.;