UMA NATH SINGH,J - (1.) THIS judgment shall also dispose of connected Criminal Revision No. 1099 of 1997 (Subhash Chander v. Tejinder Singh and others), filed by the complainant for enhancement of sentence. Both the matters arise out of a judgment dated 23.7.1997 passed by learned Sessions Judge, Ferozepur, in Sessions Case No. 208 of 1995 (ST No. 41 of 1997), holding accused appellants Tejinder Singh, Baljinder Singh and Ravinder Kumar (hereinafter referred to as 'the accused persons') guilty of charges under Sections 302/34 IPC and 449 IPC and sentencing them each to undergo imprisonment for life with a fine of Rs. 3,000/-, with direction to further undergo RI for one year each in case of default of payment of fine, on the first count, and RI for ten years with a fine of Rs. 2,000/-, with direction to further undergo RI for six months each in default of payment of fine, on the second count. However, accused persons Baljinder Singh and Tejinder Singh have been held guilty also under Sections 324 and 324/34 IPC, respectively, and have been sentenced to undergo RI for one year each, with direction that all the substantive sentences shall run concurrently.
(2.) AS per prosecution case, FIR (Ex. PK/2) was recorded at 11.30 p.m. on 7.2.1995 under Sections 307/452/34 IPC on the statement of eye-witness Subhash Chander (PW-3), elder brother of the deceased. He has stated that he was the eldest of three brothers. Ashok Kumar was younger to him and Prem Kumar (hereinafter referred to as 'the deceased') was the youngest. The deceased was employed at a VCR shop and on the date of incident, he came to him at a three wheelers stand at about 6.30 p.m. This was also his version that the deceased informed him that accused persons Dimpa alias Ravinder Kumar, Rinku alias Balwinder Singh and Pappi alias Tejinder Singh had scuffled with him. He advised the deceased to go home with assurance that he would persuade them not to do so. The deceased left for the house and the complainant also followed him. They reached near the house at about 8.00 p.m. An electric light was on in the street. All the three accused persons, namely, Tejinder Singh, armed with kirch, Baljinder Singh, also with kirch, and Ravinder Kumar, empty handed, were standing near the house. On seeing the deceased, Ravinder Kumar gave a lalkara saying "Prem has come. He should not be allowed to escape today." Thereafter, he had taken him into his grip and co-accused Baljinder Singh gave a kirch blow on front side of his chest and another co-accused Tejinder Singh also caused a similar blow, which hit below the neck on the left side on his chest. The deceased had rushed inside the house to save himself but accused Tejinder Singh again gave a kirch blow on his right thigh. The deceased fell down in the house. While he was lying fallen, accused Baljinder Singh gave him further three blows with kirch on his back side. Accused Tejinder Singh again gave one blow to the deceased on his left arm. The complainant raised an alarm and also proceeded to save the deceased. In this process, Baljinder Singh alias Rinku caused two kirch blows to him also on his left thigh and left buttock. On seeing oozing out of the blood from the body of the deceased, and when the complainant had raised an alarm, all the three accused persons fled away with their weapons. According to the complainant, about two months back also, all the aforesaid three accused persons had exchanged abuses with the deceased but the matter had been compromised in a Panchayat. The police after completion of the investigation put up a challan against all the three accused persons. The prosecution examined nine witnesses. Dr. Faqir Masih (PW-1) is the Autopsy Surgeon, who conducted the post-mortem examination on the dead body of the deceased and gave his opinion on the nature of injuries and the cause of death. Dr. M.M.S. Dhillon (PW-2) had initially examined the deceased when he had been brought by the complainant to the hospital and submitted an MLR. He also examined the complainant later on at the request of the police. Subhash Chander (PW-3) is the complainant and the sole eye-witness of the incident. Constable Paramjit Lal (PW-4) tendered his evidence on affidavit (Ex. PD), which he has also proved. Inspector Surjit Singh (PW-5) was the Additional SHO of Police Station City, Ferozepur. He had received the MLR and investigated the case. Constable Jagjit Singh (PW-6) has also tendered his evidence on affidavit (Ex. PT) and proved the document. He carried the special report to the residence of the Judicial Magistrate concerned. Veerpal Singh (PW-7) was a Lineman of Punjab State Electricity Board. He had brought the register and stated on the basis of record that the electric supply to the area of offence had continued uninterrupted. ASI Kewal Krishan (PW-8) has also tendered his evidence on affidavit (Ex. PV). However, at the time of his cross-examination, he was reported to be dead. He was the MHC of Police Station City, Ferozepur. Amrit Pal Singh (PW-9) was posted as SHO, PS City, Ferozepur, on 11.2.1995. He arrested accused Ravinder Kumar on 11.2.1995 and accused Baljinder Singh on 13.2.1995.
(3.) ACCUSED Tejinder Singh and Baljinder Singh in their statements before the Court under Section 313 Cr.P.C. pleaded innocence and further stated that the deceased was a vagabond type person and he was doing nothing. They were falsely implicated in this case only on suspicion that they had been defaming the deceased. The third accused Ravinder Kumar also pleaded innocence and further stated that he was a class fellow of Baljinder Singh and was a college student. He was falsely implicated in this case because of his friendship with Baljinder Singh.;