S.S.GREWAL,J - (1.) THIS appeal is directed against the order of Sessions Judge, Bathinda, dated 2.11.1993 whereby Nachhattar Singh-appellant was convicted under Section 302 of the Indian Penal Code for intentionally committing the murder of Mohinder Singh of his village and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for six months.
(2.) IN brief facts of the prosecution case as emerge from the first information report lodged by Nikki PW, are that on 20.2.1989 she along with her brother Mohinder Singh (since deceased) went to village Khiwa Khurd on a scooter in the morning in order to see her sister Smt. Palo. After meeting her she and her brother Mohinder Singh were returning to their village. At about 11 or 12 noon, as they reached the Sarson field of Mohinder Singh son of Harnam Singh, Nachhattar Singh appellant armed with a Gandasa, his brothers Mewa Singh, Darshan Singh and Gurdev Singh armed with Ghops, their brother Labh Singh armed with a Dang, and Bhaura Singh son of Nahar Singh who belongs to village Shahpur and relation of Nachhattar Singh appellant armed with Dang emerged from the field and came on the road. Nachhattar Singh-raised lalkara challenging Mohinder Singh deceased that they would teach him a lesson for not giving possession of the land. Hearing this Mohinder Singh deceased threw his scooter and started running. All the aforesaid accused surrounded him in the wheat field belonging to Maghar Singh. Nachhattar Singh opened the attack and gave a Gandasa blow from its sharp side on the head of Mohinder Singh who on receipt of the said injury fell down on the ground. While Mohinder Singh was lying fallen on the ground all the aforesaid accused continued inflicting injuries indiscriminately with their respective weapons, to Mohinder Singh with intention to kill him. Nikki raised alarm NA MARO NA MARO in a loud voice. On hearing this Gurdial Singh her father and Kewal Singh her brother came running from their field known as Mugli Wala. They too raised alarm 'NA MARO NA MARO' hearing which all the accused ran away from the spot along with their respective weapons. While running away Nachhtar Singh appellant gave a Gandasa blow to Nikki PW from its reverse side hitting on her right arm. The motive for the crime is that a case regarding land of Prem Singh is pending in the Court between the two parties. Police got the security proceedings initiated against both the parties, who, were bound down. Gurdial Singh took Mohinder Singh injured to Civil Hospital, Sunam whereas, Nikki accompanied by her uncle Dial Singh went to Police Station Bhikhi after covering a distance of 8 miles and lodged the first information report at 1.15 p.m. on the same day. After recording the first information report SI Gian Singh along with other police officials left for the spot in a government jeep. Dial Singh and Nikki also accompanied the police party in that jeep. As the police jeep reached near the bus stand Bir Kalan, constable Nasib Singh of police station, Sunam produced ruqa from the Medical Officer, Civil Hospital, Sunam concerning the death of Mohinder Singh injured in the Hospital on 20.2.1989 at 1.00 p.m. where Mohinder Singh injured was earlier on admitted. On the basis of the said ruqa the offence was converted to one under Section 302 read with Section 149 of the Indian Penal Code. SI Gian Singh along with other police officials then went to Civil Hospital, Sunam, prepared inquest report and sent the dead body for post-mortem examination through constables Gurdev Singh and Gurmit Singh. Thereafter the said SI went to the spot and lifted blood stained earth from near the spot which was duly sealed and taken into possession, through seizure memo. He also prepared rough site plan of the place of occurrence and recorded the statements of the witnesses. Nachhattar Singh appellant was arrested on 26.2.1989. In pursuance of his disclosure statement Nachhattar Singh appellant got recovered Gandasa which was blood stained concealed in Kotha Turi adjoining his house. After completion of the investigation, Nachhattar Singh appellant and Darshan Singh (since acquitted) were challaned and tried as Mawa Singh, Gurdev Singh, Labh Singh and Bhaura Singh were murdered before the commencement of the trial. After obtaining the report, the learned trial Court vide its order dated 12.1.1990 framed charge under Section 302 of the I.P.C. against Nachhattar Singh and under Section 302 read with Section 34 of the Indian Penal Code against Darshan Singh. Nachhattar Singh appellant was convicted and sentenced as stated earlier whereas Darshan Singh accused was acquitted by the learned trial Court.
(3.) ON 20.2.1989, Dr. V.K. Sobat, conducted medico-legal examination of Nikki PW at 7.15 p.m. and found the following injury on her person :- Pinkish contusion 5 cms x 3 cms on the front of right upper arm in the middle." This injury in the opinion of the said doctor could be caused by a blunt weapon. This injury was simple in nature and it could be caused from the reverse side of a Gandasa within a probable duration of eight hours, as per opinion of the said doctor.;