K.K.SRIVASTAVA, J. - (1.) KARAM Singh son of Joginder Singh resident of village Rattoke, tehsil Patti, district Amritsar, has been convicted under Section 302, Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/ - and indefault of payment of fine to undergo further rigorous imprisonment for four months by Mr. S.S. Arora, Additional Sessions Judge, Amritsar, vide judgement dated November 23, 1993, for committing the murder of Karaj Singh on December 30, 1990, at 9 P.M. within the limits of village Rattoke.
(2.) THE prosecution case, as set out in the First Information Report, lodged by Jagir Singh son of Tara Singh resident of village Rattoke, may be narrated as under : The informant Jagir Singh (P.W.3) works in the Electricity Department on temporary basis. Out of the three brothers, he is the eldest. Kashmira Singh is younger to him while Karaj Singh (deceased) was the youngest of all. The three brothers, aforesaid, resided together. Karaj Singh (deceased) was the only brother, who was married and he was working as a labourer at Grain Market, Amarkot. Kashmira Singh, the other brother, works on daily wages. The accused -appellant Karam Singh and his brother Kabul Singh reside in an adjoining house in village Rattoke. They are also labourers by profession. There was some dispute regarding raising of wall by the appellant and his brother, on the one hand, and the informant and his brothers, on the other hand. The appellant and his brother were not being permitted to raise the common wall on the ground that it would increase the burden of the common wall. It is alleged that the accused Karam Singh and Kabul Singh were annoyed with the informant. Jagir Singh and his brothers on their objection to the raising of the common wall by the accused -appellant and his brother. On the date of the occurrence, i.e. December 30, 1990, at about 9 P.M. Jagir Singh and his brothers, after taking their meals in the house, were having talks with their mother Smt. Preeto and Smt. Manjit Kaur wife of Karaj Singh (deceased). Kabul Singh climbed on the Kotha of the house of informant Jagir Singh and raised a Lalkara and said "come out, today we will teach you a lesson for not allowing us to construct a wall. On hearing the exhortation so made by Kabul Singh, Karaj Singh (deceased), his mother Preeto, his wife Manjit Kaur and Jagir Singh came out in the Courtyard. The appellant Karam Singh started throwing brick -bats at Jagir Singh and his family members. Jagir Singh pleaded with the accused, aforesaid, not to indulge in throwing brick -bats at them, but they continued to do so. One of the brick -bats thrown by Karam Singh -appellant hit Karaj Singh on his forehead as a result of which he fell on the ground. Jagir Singh raised hue and cry, whereupon Karam Singh and his brother Kabul Singh came down from the Kotha and ran away. Karaj Singh died at the spot due to the injuries received in this occurrence.
(3.) JAGIR Singh was going to lodge the report regarding this occurrence when Assistant Sub Inspector Balwant Singh at Police Station Khem Karan met him on the way at Bus Stand, Khem Karan, Jagir Singh narrated the occurrence to him. Assistant Sub Inspector Balwant Singh reduced into writing the statement of Jagir Singh (Exhibit -P.C.) and with his endorsement (Exhibit P.C./1) made on the statement, he sent the same to the Police Station for registration of the case. The First Information Report (Exhibit P.C/2) was registered at the Police Station on December 31, 1990, between 11.10 A. M. and 11.30 A.M. and the case was investigated by Assistant Sub Inspector Balwant Singh (P.W.5). Assistant Sub Inspector Balwant Singhwent to the spot and conducted the inquest proceedings. He prepared inquest report (Exhibit P.D.) in respect of the dead body of Karaj Singh which was identified by Pargat Singh and Jagir Singh. He found brickbats lying at the spot, which he took into possession vide memo (Exhibit P.E.) duly attested by the P.Ws. He inspected the place of occurrence and prepared rough site plan (Exhibit P. W. 5/A) with correct marginal notes. The dead body of Karaj Singh was duly sealed and despatched for post mortem examination through Constables Japinder Singh and Ranjit Singh. The constables aforesaid produced the dead body of Karaj Singh for post mortem examination before Dr. Manjit Singh (P.W. 1) who conducted the post mortem examination on the dead body of Karaj Singh (deceased) on December 31, 1990, at 4.45 P.M. He assessed the age of the deceased around 24/25 years. He had received the police papers on the same day at 4.30 P.M. The dead body of Karaj Singh was identified by Pargat Singh and Jagir Singh. He measured the length of the dead body as 5 -8". The postmortem staining was present. Eyes and mouth were found closed. He found the following injuries on the dead body: 1. A bluish contusion 5 cms x 2 cms present on the right eye. 2. A bluish contusion 2 cms x 3 cms present on the left eye. 3. A bluish contusion 2 cms x 3 cms present on the left temporal region of scalp. On dissection, there was clotted blood present on the frontal and left temporal region of scalp, underneath the muscles. On dissection, there was fracture of right frontal and left temporal bone. There was blood present on the brain matter and meninges. Brain matter under the right frontal and left temporal bone was lacerated. ;