- (1.) This judgment shall also dispose of Criminal Appeal No. 552-DB of 2002 filed by co accused appellant Kashmir Singh and Crl. Revision No.1558 of 2002 filed by complainant Jaspal Kaur. Both the criminal appeals have been preferred against a judgment and order dated 12.4.2002 passed by learned Additional Sessions Judge, Patiala, in Sessions Case No.17 dated 6.4.1999 (124 FTC/16.3.2002), holding the accused appellants guilty of offences under Section 302 read with Section 34 IPC, and Section 326 read with Section 34 IPC, and sentencing them each to undergo imprisonment for life with a fine of Rs.500/-on the first count, and RI for three years with a fine of Rs.500/on the second count. In default of payment of fine, appellants have been directed to undergo further RI for one month each. On the other hand, the criminal revision has been filed by the complainant for enhancement of sentence of the appellants and for awarding the compensation.
(2.) As per the allegations in the prosecution case, FIR (Ex.PP) was recorded on the basis of statement of complainant Hakam Singh, an injured witness (PW11), who is the real brother of the deceased. On the date of incident, i.e., 1.2.1999, in the night, on receipt of a report from the Police Control Room, Patiala, regarding the death of deceased Randhir Singh son of Gajan Singh, resident of Village Alamdipur, due to fight, SI Satpal Singh (PW14), the I.O., along with ASI Harbilas Singh, ASI Karam Singh, HC Kirpal Singh 1438, Constable Major Singh 3461, Constable Amrik Singh 898, Constable Raghbir Singh 1319, and SPO Inderbir 1263, in an official vehicle Allwyn Nissan, bearing No.PB-11-B-6472, driven by Constable Ranjit Singh 2604, went to Rajindera Hospital, Patiala, where complainant Hakam Singh was admitted in Ward No.4, having received injuries in a fight. SI Satpal Singh after obtaining opinion of Dr.Sanjay Mahindroo (PW2) that the patient was fit to make statement recorded the statement of complainant that he is a resident of Village Alamdipur and is an agriculturist by occupation. On the date of incident, i.e., 1.2.1999, the complainant and his brother (since deceased) were returning from the fields to their house. At about 8.30 PM, when they reached near the house of accused appellant Sahib Din, son of Umar Daraj, resident of the same village, they saw that accused appellant Sahib Din, his brother accused appellant Sabar Ali, both armed with gandhala, and accused appellant Kashmir Singh armed with gandasi, were standing there. On seeing them, accused appellant Sahib Din raised a lalkara that they should not go today.
(3.) In the meantime, accused appellant Kashmir Singh gave a gandasi blow on the head of deceased Randhir Singh and accused appellant Sabar Ali caused a gandhala blow on his mouth, which landed on his nose towards the right side. Thereafter, accused appellant Sahib Din also gave a gandhala blow on the mouth of deceased Randhir Singh, as a result of which, he collapsed on the ground. The accused persons repeated the injuries with their respective weapons on the person of the deceased while he was lying on the ground. The occurrence was witnessed by Jagtar Singh son of Ajmer Singh (PW10) and his brother Gurbagh Singh, who were standing in the street in front of their house. The street light was on. According to the complainant, he tried to rescue his brother deceased Randhir Singh from the clutches of the accused persons and in that process, also suffered gandasi blow caused by accused Kashmir Singh on his left arm. Accused Sahib Din gave him two gandhala blows on his back. However, when witness Jagtar Singh (PW10) and his brother Gurbagh Singh (not examined) raised hue and cry, then all the three accused appellants ran away from the scene of occurrence with their weapons. Thereafter, injured witness Hakam Singh (PW11) and his father Gajan Singh (not examined) arranged a conveyance and deceased Randhir Singh was taken to Rajindera Hospital, Patiala. The doctor on examination, found him brought dead. The complainant was admitted in the hospital for his medical treatment. According to the complainant, the motive behind the occurrence was that there is a bara of accused appellant Sahib Din etc. adjoining to their land, and the accused persons used to cause loss to them by damaging and breaking barbed wire fencing installed by them. Earlier also, there was a dispute over that issue between the parties, which was settled by the intervention of the village Panchayat, but the accused persons had been nourishing grudge since then and, therefore, they caused the injuries. Statement of the complainant having been recorded was read over and explained to him. Having found it to be correct, he put his signatures. Thereafter, an endorsement was made by SI Satpal Singh (PW14) on the statement and it was sent to the Police Station through Constable Raghbir Singh 1319 (not examined). On the basis of that statement, FIR (Ex.PP) under Sections 302, 324 and 323 read with Section 34 IPC was recorded by ASI Som Nath (not examined). During the investigations, the I.O., SI Satpal Singh (PW14), inspected the dead body and prepared the inquest report (Ex.PD/3). He wrote a request for conducting postmortem examination on the dead body vide Ex.PD/2. The doctor conducted the postmortem examination and made his endorsement thereafter on the application vide Ex.PD/4. The request papers and postmortem report were again handed over to the I.O. (PW14) by HC Kirpal Singh, after postmortem examination was over. Vide Ex.PL, injured Hakam Singh (PW11) produced one shirt and a baniyan. The IO inspected the scene of occurrence, got it photographed and also lifted blood stained earth, which was put in a tin box, and sealed with the seal of IO. It was taken into possession vide memo (Ex.PQ). One cap also stained with blood was put into a plastic box and having been sealed with the seal of IO was taken into possession vide memo (Ex.PR). One motorcycle, make Hero Honda, bearing No.PB-11L-8520, was also taken into possession vide memo (Ex.PS). The IO prepared a rough site plan with correct marginal note vide memo (Ex.PT). He recorded the statements of the witnesses and searched for the accused. On returning to the police station on 2.2.1999, he deposited the case property with MHC Sukhpal Singh, intact. All the three accused, namely, Sahib Din, Sabar Ali and Kashmir Singh, were arrested on 6.2.1999. On 8.2.1999, during their interrogation, accused Sahib Din suffered a disclosure statement regarding concealment of one gandhala, beneath empty fertilizer bags at a place known as kotha of the motor in his fields, which was within his exclusive knowledge, and he assured to get it recovered.;