S.P.BANGARH,J. - (1.) THIS order will dispose of CRA No. D -229 -DB of 2001 filed by the State of Punjab and also Criminal Revision No. 455 of 2001 filed by Hardev Singh, as both emanate from the common judgment of acquittal dated 24.10.2000.
(2.) THE case of the prosecution is that the complainant - Hardev Singh was posted as Constable at Budhlada. He was under transfer to Police Station Boha. He had come to his natal place at Sunam, being on leave, and was to join at Boha after availing leave. Sukhdev Singh -deceased, who was also in the police department, had also come on leave to his natal place at Sunam. On 19.05.1997 at about 11.46 P.M., both of them alongwith their first cousin Jora Singh, were present in their house located at Indra Basti, Sunam. A tape -recorder was being played by them. When they were about to take their meals, Budh Singh (accused), whose house was on the back side of the house of deceased (Sukhdev Singh), came and knocked at the door of house of Hardev Singh -complainant. Hardev Singh -complainant and Sukhdev Singh -deceased came out and Budh Singh (respondent No.1) asked them as to why they were playing the audio cassette player. Thereupon, they told that they were in their own house and playing the audio casette player at a low volume. Thereupon, Budh Singh (respondent No.1), asked them to sit and he would just tell them the taste of playing casette. On saying so, Budh Singh (respondent No.1) went away. Hardev Singh -complainant and Sukhdev Singh -deceased came inside and they were to take meals. After some time, Budh Singh (respondent No.1) again came and asked them to come out. When Hardev Singh - complainant, Sukhdev Singh (deceased) and Jora Singh came out of house, they saw Budh Singh (respondent No.1) standing there alongwith his son Jagrup Singh (respondent No.2), who was armed with dang, and grandson of his brother namely Manmeet Singh (respondent No.3), who was armed with kirpan. Budh Singh (respondent No.1) raised lalkara and asked his accomplices that Hardev Singh -complainant and Sukhdev Singh -deceased should be given taste for playing tape -recorder and, on his saying so, Jagrup Singh (respondent No.2) gave blow of dang, that hit the neck of Sukhdev Singh -deceased, and simultaneously, Manmeet Singh (respondent No.3) gave blow with sword thrustwise, that hit in the left side of chest of Sukhdev Singh -deceased, who, consequently, fell down on the road. Jora Singh and Hardev Singh -complainant raised alarm of 'Bachao Bachao'. In the meanwhile, a patrolling party headed by HC Balwinder Singh reached there. On raising alarm by Hardev Singh -complainant and on seeing the police, all the three accused fled away from the spot alongwith their respective weapons, while raising lalkaras.
(3.) SUKHDEV Singh -deceased lost consciousness. Hardev Singh -complainant and HC Balwinder Singh, took Sukhdev Singh - deceased on a scooter to Civil Hospital, Sunam, who, on the way to hospital, succumbed to his injuries received in the incident. Jora Singh and other members of the police party were left at the spot. Hardev Singh -complainant, after leaving the corpse in the Civil Hospital, Sunam under the custody of HC Balwinder Singh, proceeded to lodge report with the police and in the vegetable market, he met the police party headed by SI Sampuran Singh, where he made his statement Ex.PG before SI Sampuran Singh, that was read over and explained to him, who, after admitting its genuineness and correctness, signed the same.;