Balwinder Singh and Another vs State

Mehtab S. Gill, J.—This is an appeal against the judgment/order dated 21.1.2003 of the learned Additional Sessions Judge (Adhoc), Fast Track Court, Patiala whereby he convicted Balwinder Singh son of Sher Singh and Jarnail Singh alias Gatha son of Gurmail Singh u/s 302 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default, to further undergo RI for 6 months. They were further convicted u/s 450 I.P.C. and sentenced to undergo RI for 7 years and to pay a fine of Rs. 500/- each and in default, to further undergo RI for 2 months. Both the appellants were further convicted u/s 324 I.P.C. and sentenced to undergo RI for 6 months and to pay a fine of Rs. 500/- each, in default, to further undergo RI for 2 months. All the sentences were ordered to run concurrently.

Appellant Jarnail Singh alias Gatha son of Gurmail Singh died on 6.2.2007, as per the statement of the learned Counsel for the appellants. His appeal has thus abated.

The case of the prosecution is unfolded by the statement Ex.PO of Pal Singh given to SI Lakhbir Singh at Rohti Bridge near Nabha on 12.5.2001 at 9 p.m. Pal Singh stated that he is residing at Village Mandaur. He has two brothers Darshan Singh and Satnam Singh. Pal Singh along with his brother Satnam Singh had installed a flour mill in Chhoti Patti in the village. In 1996 Balkar Singh son of Sher Singh had teased his wife Satbir Kaur and due to this grudge, his father Krishan Singh, and Pal Singh along his brother Satnam Singh were named in a murder case. Later on Pal Singh and his brother Satnam Singh were acquitted, whereas his father Krishan Singh was sentenced to undergo imprisonment for 20 years. His father had now come out on six months parole, about 2-1/2 months earlier. On 12.5.2001 he along with his father was working at the mill. His father went to the courtyard and sat there at about 6 p.m. Thereafter he heard shrieks and shouts of he (Krishan Singh) being killed. Pal Singh ran and saw Jarnail Singh alias Gatha son of Gurmail Singh armed with a sword and Balwinder Singh armed with a sword, dragging his father from the courtyard of the mill into the street. Within his sight, he saw them causing injuries with their respective swords to his father Krishan Singh. Balwinder Singh raised a lalkara that they would be taught a lesson for killing Balwinder Singh''s father. Balwinder Singh came running with his sword towards Pal Singh and hit him on his head with an intention to kill him. The sword instead of hitting his head, hit on the thumb of his left hand. Thereafter Balwinder Singh and Jarnail Singh caused injuries on the head, stomach and arm of Krishan Singh, while he was lying on the ground. In the meantime, his brother Satnam Singh came to the mill and saw the occurrence also. They started shouting. Accused Balwinder Singh left the sword on the spot and ran away.

On the basis of this statement F.I.R. Ex.PO/2 was recorded on 12.5.2001 at 9.20 p.m. at Police Station Sadar, Nabha and the special report reached the S.D.J.M., Nabha on 13.5.2001 at 12.30 p.m.

The prosecution to prove its case, brought into the witness-box Dr. Sanjay Kumar Goel PW-1, Dr. Pritam Singh PW-2, Sanjiv Kumar PW-3, Bhupinder Singh Sidhu PW-4, Constable Rajinder Singh PW-5, Constable Harwinder Singh PW-6, MHC Sukhpal Singh PW-7, Dr. Paramvir Singh PW-8, Pal Singh PW-9, Satnam Singh PW-10, SI Lakhvir Singh PW-11 and Inspector Chhabeg Singh PW-12.

Learned Counsel for the appellant has argued that presence of the eye-witnesses at the place of occurrence is doubtful. Pal Singh complainant PW-9 has only given general details of the occurrence in F.I.R. Ex.PO/2. It has been stated by Pal Singh PW-9 that he was standing in front of the door of the Chakki room. From site plan Ex.PG it is shown that he was standing at point C, in between the place where the occurrence took place i.e. at point A there is a 6 feet high wall. Pal Singh PW-9 did not see the occurrence as the wall came in between him.

Similarly, the second alleged eye-witness to the occurrence Satnam Singh PW-10 has stated, categorically in his cross-examination that he came after the occurrence had taken place as he had gone to take tea.

The Chowk where 4/5 persons were sitting was hardly 15 to 20 feet away. None of the persons sitting in the Chowk were interrogated, nor were their statements recorded regarding the occurrence. There is delay in the special report reaching the S.D.J.M. Nabha. The occurrence took place on 12.5.2001 at 6 p.m. The special report reached the S.D.J.M., Nabha on 13.5.2001 at 12.30 p.m. There is a delay of more than 18 hours in sending of the special report. This time was used by the complainant party for falsely implicating the appellant.

Learned Counsel for the appellant has further argued that the deceased was the owner of an Atta Chakki and a saw mill. Deceased did not die due to the Kirpan blows. Deceased had died when he was working on the saw mill. He fell on the saw mill and received grievous injuries due to which he died.

Learned Counsel for the State has argued, that as per the site plan Ex.PG, Pal Singh PW-9 was standing at point C when he heard the shrieks of his father. He has stated in his examination-in-chief that he came to the street and thereafter injuries were inflicted on his father Kishan Singh by the appellant.

There is a strong motive for the commission of the offence. In the year 1996 Balkar Singh of the same village as of Pal Singh PW-9 had teased Pal Singh''s wife. The father of Pal Singh PW-9 had murdered Balkar Singh. An F.I.R. was registered against Pal Singh PW-9, father of Pal Singh and Satnam Singh PW-10 for the murder of Balkar Singh. About 1-1/2 months prior to the present occurrence, Kishan Singh deceased had come on parole. Balkar Singh was appellant Balwinder Singh''s real brother.

There are no discrepancies in the statements of the eye-witnesses Pal Singh PW-9 and Satnam Singh PW-10. Both get corroboration from the medical evidence propounded by Dr. Paramvir Singh PW-8. It was natural for both these witnesses to be at the Atta Chakki (flour mill) which they owned.

There is no delay in lodging of the F.I.R. The occurrence took place on 15.2.2001 at 6 p.m. F.I.R. Ex.PO/2 was recorded on the same day at 9.20 p.m.

We have heard the learned Counsel for the parties and perused the record with their assistance.

The main thrust of the argument of the learned Counsel for the appellant is that Pal Singh PW-9 could not have seen the occurrence, since at the time when the occurrence took place, he was standing at point C. As per the site plan Ex.PG in between the street where Kishan Singh was murdered and point C, there is a door and 6 feet high wall. This argument of the learned Counsel for the appellant does not cut much ice, as Pal Singh PW-9 has stated in his testimony before the Court that he was standing at point C as shown in the site plan Ex.PG, but when he heard the shrieks of his father, he came into the street. Not only his father was murdered in front of him at point A, but appellant attacked Pal Singh PW-9 and he also received an injury. Dr. Pritam Singh PW-2 prepared the medico-legal report Ex.PC. It shows that Pal Singh had an injury on his thumb, which as per Pal Singh PW-9 he received when he put up his hand to save himself from the Kirpan blow of appellant Balwinder Singh.

In fact, Pal Singh PW-9 and Satnam Singh PW-10 are natural witnesses. They were working on their private Atta Chakki. At that time, the saw mill was not working. If we take the argument of the learned Counsel for the appellant that Kishan Singh received injuries from the saw mill, he could not have been cut into pieces, but would have received a straight cut injury on his body. Deceased would have gone through the saw mill like a piece of wood. From the statement of Pal Singh PW-9 it is clear that only the Atta Chakki was working at that moment. Though Satnam Singh PW-10 has stated that he had gone to get tea, but he did reach the place of occurrence at the time when appellant had injured Kishan Singh his father. The time which he has given in his statement is that he reached at 6 p.m. i.e. the time of occurrence. The medical evidence corroborates the ocular account. There are several injuries on the person of the deceased. In a cut by a saw mill blade, stab wounds would not appear. These stab wounds are by Kirpan Ex.P14.

The motive for the commission of the offence is very strong. Balkar Singh brother of appellant Balwinder Singh was murdered by deceased Krishan Singh for which he was sentenced to undergo 20 years imprisonment. Deceased Krishan Singh had come on parole when he was murdered by the appellants.

There is no delay in lodging of F.I.R. Ex.PO/2. Though the special report reached the S.D.J.M., Nabha 18 hours later, but before that, the inquest report had been prepared. The F.I.R. number was recorded on the inquest report. The occurrence took place in a village and the special report had to reach the S.D.J.M., Nabha in the town.

We do not find any infirmity in the judgment of the learned trial Court. Appeal qua Balwinder Singh is dismissed.

As already stated, appellant Jarnail Singh alias Gatha died on 16.2.2007. Appeal qua him has abated and is disposed off as such.