BRATHI ALIAS SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhdev Singh, the appellant, and his uncle Teja Singh were tried on the charge under S. 302/34, I.P.C., for the murder of one Sucha Singh. The trial court acquitted Teja Singh and convicted Sukhdev Singh for the offence under S. 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-. The State did not file any appeal against the order of acquittal. Sukhdev Singh, appealed against his conviction. The High Court altered the conviction of Sukhdev Singh to one under S. 302 read with S .34, I.P.C., and maintained the sentence. This appeal by special leave is directed against the judgment of the High Court.

(2.) The occurrence that resulted in the death of Sucha Singh happened on January 1, 1975 at 3.30 p. m. The prosecution alleged that Sukhdev Singh and Teja Singh in furtherance of their common intention attacked Sucha Singh with kirpans while he was returning home from his field along the street in the village accompanied by his son Gurdev Singh and married daughter Gurdev Kaur. The eyewitness account of the incident was that. Sukhdev Singh first attacked Sucha Singh with the kirpan, the blow was warded off receiving an injury in the thumb, Teja Singh then delivered a blow with kirpan on his head, Sucha Singh fell down wounded and against Sukhdev Singh and Teja Singh dealt one blow each causing injuries on the left side of the ear and below the mandible, and escaped from the scene when the witnesses made an alarm, The motive alleged was enmity since Mangal Singh, the father of Sukhdev Singh and brother of Teja Singh was murdered by Sucha Singh, who was later on acquitted of the charge. Sucha Singh died at the hospital and the first information report was lodged at 8.15 p.m., the same day. The medical evidence disclosed that the deceased had four ante-mortem injuries of which the incised wound on the head cutting the parietal bones and the brain was fatal and that he died on account of shock and haemorrhage as a result of the injuries. The fatal injury was attributed to Teja Singh and he was charged under S. 302, I.P.C., and the appellant who was alleged to have caused the minor injuries on the hand and the scalp was charged under Section 302/34, I.P.C.

(3.) The two accused persons denied their charges. Teja Singh further pleaded alibi and tendered evidence by examining Uggar Singh, DW-1, and Mukand Singh, DW-2. The two, eye-witnesses, Gurdev Singh (PW-8) and. Gurdev Kaur (PW-9), narrated the prosecution version implicating both Sukhdev Singh and Teja Singh. The learned Sessions Judge in the light of the defence evidence held the view that Teja Singh was falsely implicated, gave him the benefit of doubt and acquitted him of the charge. However, believing the testimony of the two eye-witnesses, corroborated by medical evidence, the learned Judge found Sukhdev Singh guilty and convicted and sentenced him under S. 302, I.P.C.