T.P.S.MANN,J. - (1.) The appellant, namely, Buta son of Veeru was tried for committing the offence punishable under Section 302 IPC whereas his co -accused Anwar Masih son of Sadiq Masih was tried for the offence under Section 302 read with Section 34 IPC on the allegations that on 26.3.1999 at about 7.30 p.m. in the area of village Bhandal, and in furtherance of their common intention, they intentionally committed the murder of Gurpreet Singh. Buta was also tried for the offence punishable under Section 307 IPC whereas Anwar Masih under Section 307 read with Section 34 IPC for causing injuries on the person of Gurbux Singh on the same day, time and place with such intention or knowledge and under such circumstances that if by that act they had caused the death of Gurbux Singh, they would have been guilty of culpable homicide not amounting to murder. Vide judgment and order dated 4.1.2003, learned Additional Sessions Judge, Gurdaspur acquitted accused Anwar Masih of the charges against him by giving him the benefit of doubt. However, the appellant was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, to undergo rigorous imprisonment for one year. He was also convicted under Section 324 IPC instead of Section 307 IPC and sentenced to undergo rigorous imprisonment for two years. Both the substantive sentences were ordered to run concurrently.
(2.) The case of the prosecution is that complainant Devinder Singh, who was resident of village Ugru Khera and running a karyana shop in the village, was three brothers. He was the eldest, younger to him was Sukhwinder Singh, who was Granthi of Ramdas Gurdawara whereas Gurpreet Singh aged about 15 years and handicapped from his right leg was his youngest brother. Gurpreet Singh was learning the work of scooter repair at the shop of Ranjit Singh, mechanic, resident of village Ugru Khera, at Bus Stand of village Bhandal for the last one month. On 26.3.1999, Lakhwinder Singh son of Harbans Singh, who was his cousin, being his father's sister's son and resident of Mastkot, had come to the village of the complainant to meet him. The complainant alongwith Lakhwinder Singh went to village Bhandal for some personal work and after doing their work, they went to the shop of Ranjit Singh, mechanic as they wanted to meet his brother Gurpreet Singh. Later on, the complainant, his brother Gurpreet Singh and cousin Lakhwinder Singh started for his village. The complainant and Lakhwinder Singh were on one cycle whereas Gurpreet Singh on another. One Gurbux Singh son of Massa Singh, resident of Kala Guraya was also following them on his own cycle. At about 7.30 p.m. when they reached near the field of Baljit Singh, resident of village Bhandal and were on the kacha path leading from village Bhandal to village Kala Guraya, then from the opposite side, Buta -appellant was seen coming while sitting on the rickshaw which was being pedalled by Anwar Masih and they were drunk. The complainant already knew them. When Anwar Masih just crossed the complainant, then Buta abused Gurbux Singh, who was coming behind them. Gurbux Singh asked Buta not to abuse him. On this Anwar Masih raised a lalkara exhorting Buta not to spare Gurbux Singh. Buta gave datar blow to Gurbux Singh which hit him on his head. As a result Gurbux Singh fell down on the ground. Gurpreet Singh, younger brother of the complainant asked Buta and Anwar as to why they were causing injuries to Gurpreet Singh. Then, all of a sudden, Buta left Gurbux Singh and gave datar blows to Gurpreet Singh, hitting him on his forehead and head. As a result, Gurpreet Singh fell down on the ground and succumbed to the injuries. Both Buta and Anwar Masih also tried to inflict injuries to complainant and Lakhwinder Singh but they ran away and saved themselves. They started raising alarm. Both Buta and Anwar Masih swiftly left for Bhandal on their rickshaw. The complainant and his cousin Lakhwinder Singh had seen the entire occurrence. The raula raised by them attracted Kashmir Singh of village Kala Guraya and Jathedar Charan Singh of village Ugru Khera to the spot. Kashmir Singh removed Gurbux Singh in an injured condition on his scooter to Kalanaur Hospital. The motive behind the occurrence was that previously Gurbux Singh and Buta had quarrelled with each other and even on that day, they had exchanged abuses at the spot. After leaving his cousin Lakhwinder Singh to guard the dead body of his brother Gurpreet Singh, complainant Devinder Singh left for the Police Station to lodge the report. However, he came across SI Santokh Singh in the area of Bus Stand of village Bhandal with whom he got recorded his statement Ex. PF on 26.3.1999 at 10.20 p.m. On its basis, FIR No. 34 (Ex. PF/2) came to be registered by ASI Balwinder Singh at Police Station Kalanaur on 26.3.1999 at 11.00 p.m. which was completed on 27.3.1999 at 12.30 a.m. Special report sent through HC Joginder Singh was received by the Ilaqa Magistrate on 27.3.1999 at 4.00 a.m.
(3.) Further case of the prosecution is that SI Santokh Singh after sending statement Ex. PF to the Police Station went to the spot and found the dead body of Gurpreet Singh lying on the kacha path. He prepared inquest report Ex. PC and lifted blood stained earth by preparing a parcel and took it into possession vide memo. Ex. PG. A bi -cycle lying there was taken into possession vide memo. Ex. PH. Rough site -plan Ex. PM of the place of occurrence was prepared. The dead body was, thereafter, sent for post mortem. On 27.3.1999, SI Santokh Singh went to Civil Hospital, Gurdaspur and moved application Ex. PN on which the doctor declared Gurbux Singh fit to make statement. Thereafter, he recorded the statement of Gurbux Singh and took into possession his blood stained clothes by preparing a parcel vide memo. Ex. PO. On 1.4.1999, SI Santokh Singh held a naka on the bridge of a drain in the area of village Bhandal where both the accused came on rickshaw and were arrested. The rickshaw was taken into possession vide memo. Ex. PR. From the personal search of accused Buta, datar Ex.P2 was recovered which was taken into possession vide memo. Ex.PS/1.;