- (1.) This judgement will dispose of both the appeal, i.e. Crl.A. No.43-DB of 2006 filed by appellants Sham Lal and Baljit Kumar Crl.A. No.563-DB of 2007 filed by appellant Raghbir Singh.
(2.) Accused Parkash Chand, Ravi Kumar @ Babu, Baljit Singh @ Deepu, Raghbir Chand, Sham Lal, Baljit Kumar and Puran Singh S/o Saudagar Singh were sent up before the learned Sessions Judge, Gurdaspur to face trial for the offences under Section 148, 149 and 302 read with Section 149 IPC. Out of the aforesaid 7 accused, only accused Raghbir Chand, Sham Lal and Baljit Kumar son of Pyara Lal were convicted for the offence under Section 148 and 302 read with Section 149 IPC. It is a matter of record that accused Ajit Ram was declared Proclaimed Offender. Another accused Swaran Lal was sent up for trial before the Juvenile Justice Board as he was found to be a juvenile.
(3.) The brief case of the prosecution is as follows:- a) PW2 Santosh was the wife and PW3 Rajpal was the son of Shinder Pal (deceased). Shinder Pal was to give evidence in a criminal case as against accused Puran Singh, Sarpanch of the village. Therefore, Puran Singh had harboured motive as against Shinder Pal. b) On 31.5.2001, at about 6.00 a.m. Shinder Pal proceeded from his house at Chinna Retwala to the Minor Canal for the purpose of answering nature's call. In a few minutes PW2 also followed him. PW2 found accused Puran Singh empty handed. Accused Raghbir Chand was armed with kulhari. Accused Ghola Ram (Parkash Chand), accused Babu (Ravi Kumar), accused Baljit Kumar and accused Sham Lal were armed with dang. Accused Jeet (Ajit Ram) was armed with gandasi. Accused Puran Singh raised lalkara that Shinder Pal should not be spared as he was to depose as against him in a criminal case. Shinder Pal started running panicked by lalkara raised by accused Puran Singh. All the accused chased him. She raised hue and cry. His son PW3 Rajpal emerged from his house. Her husband's elder brother's son Subhash Chander also reached there. c) All the accused surrounded Shinder Pal near the minor canal. Accused Raghbir Chand inflicted a kulhari blow on the left side of the head of Shinder Pal. He fell down on the ground. Accused Jeeta gave gandasi blow on his left leg. Accused Raghbir Chand gave another kulhari blow to Shinder Pal from the reverse side on his right leg. Accused Ghola, Babu, Munish and Sham Lal gave dang blows on various parts of the body of Shinder Pal. Raghbir Chand again gave two kulhari blows from the sharp side on the back of Shinder Pal. All the assailants thereafter fled away from the spot. PW2 arranged a vehicle from nearby Gurudwara and took her husband to the hospital. But the Doctor declared him dead. d) Based on the statement given by PW2, a formal FIR was registered. f) PW4 Dr.Harbhajan Singh, Medical Officer attached to the Civil Hospital, Batala was one of the Board of Doctors constituted to perform autopsy on the dead body of Shinder Pal. On 1.6.2001, at about 10.20 a.m. he alongwith other Doctors, namely, Dr.Sukhdip Singh and Dr.Jagdev Singh conducted post mortem examination on the dead body of Shinder Pal. They found the following injuries on the dead body of Shinder Pal. "1. Lacerated wound which was 'Y' shape with 41/2x11/2x3 cms size on left parietal region, 9 cms away from right ear pinna. 61/2 cms away from anterior hair line. Wound was bone deep. Underlying bone on dissection were broken into pieces. There was collection of blood in the left cerebrum in an area measuring 4x5cms corresponding to external injury. There was also laceration of brain matter Anterior cranial fossa of left side was containing blood mixed with chf 100cc approximately. 2. Reddish contusion 91/2 x11/2 cms size on the right chest in mid axillary line obliquely placed. On dissection underlying three ribs 8th, 9th and 10th were fractured and embedded in liver as well as lung tissues. There was blood present in the lung cavity about 500cc. An imperitonial cavity was about 800cc. 3. Lacerated wound 31/2x1cm size on the medial aspect of right leg. 6cms above right ankle joint. Underlying bone was fractured and was protudering out. Clotted blood was present. 4. Lacerated wound 3/4th x 1/2 cm on the lateral aspect of left leg, 10 cms above left ankle joint. Wound was muscle deep and underlying bone was intact. Clotted blood was present. 5. Reddish abrasion 1x2cms on the back of right elbow. 6. Reddish abrasion 2cmsx11/2 on the left upper arm, 5 cms above the left elbow joint. 7. Reddish contusion 6cms x 11/2 cms just above injury no.6. 8. Reddish contusion 6cms x 1 1/2 cms on the lateral aspect of right upper arm. 9. Reddish contusion 8 x 11/2 cm in size obliquely placed on the lumber rigion near the mid line." They opined that Shinder Pal died due to shock and haemorrhage as a result of multiple ante mortem injuries he received. Those injuries were sufficient to cause death in the ordinary course of nature. g) PW8 DSP Baldev Singh took up the case for investigation on 17.6.2001. One Jeet Singh, Sarpanch of the village produced accused Parkash Chand @ Ghola, Ravi Kumar @ Babu and Ajit Singh before him. He arrested and interrogated them. Disclosure statements given by the accused were recorded by him. A dang from the residential room of accused Parkash Chand was recovered by PW8 based on the disclosure statement (Ex.PK) given by accused Parkash Chand. He also recovered one dang under the heap of fodder from the house of accused Ravi Kumar on the basis of disclosure statement (Ex.PL) made by him. One gandasi under the heap of cow-dung was also recovered based on the disclosure statement (Ex.PM) given by the accused Ajit Singh. Those accused were sent for remand to judicial custody. h) On 19.7.2001, when PW8 was present in the Police Station, Ajit Singh, Sarpanch of the village produced accused Baljit Singh and Swaran Singh. Accused Baljit Singh produced before him one kulhari (Ex.P4) and he took the same into possession vide memo (Ex.PN). i) He having completed the investigation laid final report as against the accused.;