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Punjab High Court · body

2000 DIGILAW 1230 (PNJ)

Swaran Singh v. State Of Punjab

2000-10-10

A.S.GARG, HARJIT SINGH BEDI

body2000
Judgment A.S.Garg, J. 1. The parties to this criminal litigation in which Sukhjiwan Singh son of Veer Singh aged about 21 years of age lost his life, hail from village Akuwal, within the area of Police Station Sidhwan Bet, District Ludhiana. The parties are agriculturists. 2. In consolidation proceedings land belonging to Labh Singh PW.3 was transferred in the name of Jit Singh and Bhagwan Singh. Some of land of Thakur Singh was transferred in the name of Labh Singh. Labh Singh physically transferred the land of Jit Singh but Thakur Singh did not hand over the land to Labh Singh. Some applications moved by Labh Singh were pending before the Senior Superintendent of Police against Jit Singh and others. 3. There was some occurrence between the parties on 18.5.1992 in which Sukhjiwan Singh lost his life. Gurmit Singh PW, Labh Singh PW.3 and Malkiat Singh PW.4 received injuries. 4. As a result of the aforesaid occurrence SI Amar Singh PW.7 on 13.3.1993 received the medico legal reports of Labh Singh, Malkiat Singh and Gurmit Singh to the effect that they were admitted in Primary Health Centre, Sidhwan Bet. The said Sub Inspector reached the said Primary Health Centre and made an application Ex. PH and PJ to find out if the injured were fit to make their statement but vide opinion Ex. PH and Ex. PJ/1 the injured were declared unfit to make a statement. On 14.3.1993, the said Sub Inspector again went to the said Health Centre to record the statements but the doctor was out of station. On 15.3.1993, the Sub Inspector could not record the statement as he was busy in connection with the affairs of the State. On 15.3.1993, SI Amar Singh went to Dayanand Medical College and Hospital, Ludhiana, and moved an application Ex. PM as to whether Sukhjiwan Singh was fit to make a statement. Vide opinion Ex. PM/1, he was declared unfit to make a statement. 5. On 16.3.1993, he moved an application Ex. PK to the Medical Officer with regard to the condition of Labh Singh PW.3 and vide opinion Ex. PK/1, he was declared fit to make a statement. The said Sub Inspector recorded the statement of Labh Singh which is Ex. PF. Till 21.3.1993, applications were being made to record the statements of Sukhjiwan Singh but he died on that night. 6. Labh Singh PW.3 vide his statement Ex. PK/1, he was declared fit to make a statement. The said Sub Inspector recorded the statement of Labh Singh which is Ex. PF. Till 21.3.1993, applications were being made to record the statements of Sukhjiwan Singh but he died on that night. 6. Labh Singh PW.3 vide his statement Ex. PF dated 16.3.1993 claimed that on the day of occurrence i.e. on 12.3.1993, around 5.00 P.M. when his two brothers Sukhjiwan Singh and Malkiat Singh and his two sisters Kamaljit Kaur and Gurdev Kaur were working in the field of chilly, the five accused-appellants caused injuries to them in the manner that Jit Singh appellant-accused hurled a lalkara telling his four other co-accused to teach the complainant side a lesson for causing injuries to Gurmit Singh and they were not going to let the complainant party to go scot free. Immediately, Jit Singh accused fired a shot in the air, Lachhman Singh inflicted a dang blow on right elbow. Daman Singh gave a dang blow on the left thigh of Labh Singh. Another dang blow was inflicted by Daman Singh which Labh Singh warded off with his left hand and the same hit on his hand. Lachhman Singh inflicted a dang blow on the back of the shoulder of Labh Singh. Munsha Singh dealt a Kirpan blow on his head as a result of which he fell down. After Labh Singh had fallen down, Daman Singh gave a dang blow on his right leg. On hearing the alarm raised by Labh Singh, Sukhjiwan Singh was attracted to the scene of occurrence and he was given a butt blow by Jit Singh on his back side of the head and he fell down. Kamaljit Kaur and Gurdev Kaur sisters of Labh Singh raised alarm. While leaving the scene of occurrence Sant Singh fired a shot in the air. The injured were removed to Primary Health Centre, Sidhwan Bet, where they were medico legally examined. Sukhjiwan Singh was referred to Dayanand Medical College and Hospital, Ludhiana. 7. On 17.3.1993, SI Amar Singh PW.7 went to the scene of occurrence and prepared rough site plan Ex. PN. On receipt of information about the death of Sukhjiwan Singh, the said SI went to Dayanand Medical College, Ludhiana and prepared inquest report Ex. PR and sent the dead body for post mortem and the offence under Section 302 of the Indian Penal Code was added. PN. On receipt of information about the death of Sukhjiwan Singh, the said SI went to Dayanand Medical College, Ludhiana and prepared inquest report Ex. PR and sent the dead body for post mortem and the offence under Section 302 of the Indian Penal Code was added. The Investigating Officer searched for the accused. 8. The first information report in this case was recorded at 6.15 P.M. on 16.3.1993 and the special report reached the Ilaqa Magistrate at 8.20 P.M. on 16.3.1993. Simultaneously, Labh Singh being not satisfied with the progress of the investigation of the case filed a private criminal complaint on 1.6.1993 and named at least four more persons who participated in the crime and claimed that he never lodged any first information report with the said Sub Inspector Amar Singh PW.7. In that complaint copy of which is Ex. PG the second version mentioned was that the nine accused, namely, Jit Singh, Santa Singh, Thaman Singh, Dhamman Singh, Zora Singh, Swaran Singh, Munsha Singh, Iqbal Singh and Lachhman Singh came together and threatened that they were not going to spare the complainant party and they were to avenge the case under Section 326 of the Indian Penal Code and consequently thereupon Jit Singh raised a lalkara and fired a shot in the air from his rifle. Lachhman Singh inflicted a stick blow on the person of Labh Singh hitting on his right wrist. Another stick blow ass inflicted by Lachhman Singh on the complainant which hit on his right elbow and shoulder of right arm. Then Damman Singh gave a stick blow to Labh Singh on his left thigh; the blow inflicted by Damman Singh was checked by the complainant on his left hand which got injured. Lachhman Singh appellant inflicted another dang blow on the back of the complainant. Munsha Singh gave a Kirpan blow on the head of the complainant. Damman Singh gave a stick blow on the right leg of the complainant and then all the assailants together pounced upon Sukhjiwan Singh and inflicted injuries to him. Besides this Zora Singh appellant-accused gave a stick blow to Malkiat Singh on his stomach; Iqbal Singh gave a Kirpan blow on the head of Malkiat Singh, who sat down on the ground crying with pain. Besides this Zora Singh appellant-accused gave a stick blow to Malkiat Singh on his stomach; Iqbal Singh gave a Kirpan blow on the head of Malkiat Singh, who sat down on the ground crying with pain. Then Zora Singh inflicted two stick blows on the left leg of Malkiat Singh who fell flat on the ground and blood started oozing from his head. Jit Singh and Iqbal Singh then proceeded towards Sukhjiwan Singh who was approaching towards Malkiat Singh. Sukhjiwan Singh tried to ward off a couple of blows given by Thaman Singh appellant with Kirpan. Swaran Singh inflicted a stick blow on the person of Sukhjiwan Singh. Damman Singh, Lachhman Singh Zora Singh and Jit Singh appellants approached Sukhjiwan Singh and Jit Singh out of them gave a Butt blow of his rifle on the back of Sukhjiwan Singh as a result of which Sukhjiwan Singh fell down. Thereafter Zora Singh, Swaran Singh, Lachhman Singh gave blow with sticks to Sukhjiwan Singh. Swaran Singh from the other side gave blow to Sukhjiwan Singh on his legs. Sukhjiwan Singh cried loudly for his help to save his life. Then Santa Singh fired a shot in the air from his rifle. Iqbal Singh appellant then asked the other co-accused that they should go away from the scene of occurrence as some body from the victims was going to die. Then Munsha Singh warned both the sisters of the complainant that if they reported the matter to the police or tried to take possession of the land owned by Thakur Singh, their remaining members of the family will also be killed. 9. On 13.3.1993 at 8.15 A.M. Dr. Kiranjit Kumar PW.1 medico legally examined Labh Singh PW.3 and found the following injuries on his person :- (1) A lacerated wound 1-1/2 cm x 3 cm in the middle of top of skull. Advised X-ray. (2) An abrasion 8.5 cm x 9 cm on the lateral aspect of right upper arm, 5 cm above the elbow joint. (3) A swelling with irregular abrasion 9 cm x 4 cm on the back of right fore-arm just above the wrist. Advised x-ray. (4) A linear abrasion 3 cm on the hypethenar emminence of left hand. (5) An abrasion 4 cm x 2 cm on the lateral aspect of left thigh in its upper part, 1 cm from the iliac spine. Advised x-ray. (4) A linear abrasion 3 cm on the hypethenar emminence of left hand. (5) An abrasion 4 cm x 2 cm on the lateral aspect of left thigh in its upper part, 1 cm from the iliac spine. (6) A bruise 9 cm x 1.5 cm on the antermedial aspect of right thigh in the middle. (7) An abrasion 4.5 cm x .5 cm on the outer side of right leg 4 cm outer to the tibial tuberrele. Advised x-ray. (8) A bruise 24 cm x 5 cm on the right back chest, going across the middle to the left, 15 cm from the 7th cerneal spine. 10. Injuries No. 1, 3, and 7 were kept under observation while others were declared simple. By way of supplementary report injury No. 7 was declared as grievous. Ex. PA is the copy of the medico legal report. 11. On the same day, at 8.35 A.M., the same doctor medico legally examined Malkiat Singh PW.4 and found the following injuries on his person :- (1) An incised wound 9 cm x 1 cm x bone deep on the left side of scalp, longitudal 10 cm above the left ear. Advised x-ray. (2) Swelling 5 cm x 4 cm on the outer side of the left ankle. Advised x-ray. (3) An irregular abrasion 5 cm x 1.25 cm on the back of right abdomen, just to the right of midline and 14 cm above the lumbosacrel region. 12. Injury Nos. 1 and 2 were kept under observation while injury No. 3 was declared simple. Injury No. 1 was caused with sharp edged weapon whereas Nos. 2 and 3 were caused by blunt weapon. Ex. PC is the copy of the medico legal report. 13. Dr. S.G.S. Randhawa PW.2 along with the Board of doctors, conducted autopsy on the dead body of Sukhjiwan Singh deceased on 21.3.1993 at 4.20 P.M. and found the following injuries :- (1) Lacerated and infected wound 1 cm x 3/4 cm over the front and upper part of left leg. (2) Bluish black contusion 6" x 4" on upper and anterior aspect of left leg. Underneath bones were found fractured. (3) Bluish black contusions 4" x 4" on anterior medical aspect of left leg below the injury No. 2. (4) Scabed abrasion 1" x 1/2" on front and upper part of left leg. (2) Bluish black contusion 6" x 4" on upper and anterior aspect of left leg. Underneath bones were found fractured. (3) Bluish black contusions 4" x 4" on anterior medical aspect of left leg below the injury No. 2. (4) Scabed abrasion 1" x 1/2" on front and upper part of left leg. (5) An infected wound 3/4" x 1-1/2" below injury No. 4. (6) Scabed abrasion 3/4" x 1/2" on the lower and anterior aspect of right leg. (7) Healed abrasion 1-1/4" x 1/3" on the lower and anterior aspect of right leg. (8) A stitched wound 1/2" x long on lower and inner portion of right upper arm. (9) Bluish black contusions 2 x 1" on front and lower part of right side of chest 6" below the right nipple. (10) Scabed abrasion 1/2" x 1/4" on the posterior aspect and middle of right fore arm. (11) Bed soar 3" x 2" on right gluital region. (12) Scabed abrasion 4" x 3" on left scapular region in its lower part. (13) Scabed abrasion 1" x 1/2" on the anterior aspect of right pinna of the ear. (14) A defused swelling measuring 4" x 3" on the back and lower portion of occipital region. 14. The cause of death in the opinion of the doctor was due to cardio respiratory arrest as a result of multiple injuries and injury to the brain stem which was sufficient to cause death in the ordinary course of nature. Ex. PE is the copy of the post mortem report. 15. The complaint and the challan were consolidated vide order dated 17.10.1995 and the proceedings were recorded in the challan. 16. At the trial, it was claimed by Munsha Singh in his statement under Section 313 of the Code of Criminal Procedure that he along with Thaman Singh, Iqbal Singh and Jit Singh were found innocent during the investigation of the case by DSP Lakhbir Singh and were not challaned. Daman Singh claimed that his father Jagat Singh is a Lambardar of the village and he had appeared as a witness against Malkiat Singh and Sukhjiwan Singh, Labh Singh and their father Bir Singh and uncle Kaura Singh and that he has been falsely implicated in this case. Similar is the statement of Iqbal Singh accused. Daman Singh claimed that his father Jagat Singh is a Lambardar of the village and he had appeared as a witness against Malkiat Singh and Sukhjiwan Singh, Labh Singh and their father Bir Singh and uncle Kaura Singh and that he has been falsely implicated in this case. Similar is the statement of Iqbal Singh accused. Lachhman Singh appellant claimed that Thakur Singh maternal uncle of Labh Singh was not giving possession of the land to Labh Singh himself. Labh Singh had a suspicion that Lachhman Singh was helping Thakur Singh his maternal uncle. He claimed that a marriage party was staying in the school i.e. on the day of occurrence and later on he learnt that injuries were received by Labh Singh and Malkiat Singh ad the hands of the members of the marriage party who were drunk. Zora Singh claimed that he was innocent and because of his relationship with Jagtar Singh he has been falsely implicated in this case. Santa Singh appellant claimed that he was innocent and was involved because of nearness with Jagtar Singh. No evidence was actually led in defence. 17. The learned Additional Sessions Judge convicted all the appellants, namely, Jit Singh, Santa Singh, Thaman Singh, Damman Singh, Zora Singh, Swaran Singh, Munsha Singh, Iqbal Singh and Lachhman Singh under Section 148 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for one year. They were further convicted under Section 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each. Jit Singh, Thaman Singh, Iqbal Singh, Swaran Singh, Zora Singh, Lachhman Singh appellants were also convicted under Section 302 of the Indian Penal Code whereas Daman Singh, Santa Singh and Munsha Singh were convicted under Section 302 read with Section 149 of the Indian Penal Code each of them was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for three months. Munsha Singh appellant was convicted under Section 307 of the Indian Penal Code whereas the remaining appellants under Section 307 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2000/-. Munsha Singh appellant was convicted under Section 307 of the Indian Penal Code whereas the remaining appellants under Section 307 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2000/-. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for two months. Zora Singh appellant was convicted under Section 325 of the Indian Penal Code whereas the remaining appellants under Section 325 read with Section 149 of the Indian Penal Code and each of them was to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/-. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for one month. Iqbal Singh appellant was convicted under Section 324 of the Indian Penal Code whereas the remaining appellants under Section 324 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for one year. Lachhman Singh appellant was convicted under Section 323 of the Indian Penal Code and the remaining appellants under Sections 323 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for six months. Similarly Zora Singh appellant was convicted under Section 323 of the Indian Penal Code and the remaining appellants under Sections 323 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for six months. Still further Damman Singh appellant was convicted under Section 323 of the Indian Penal Code and the remaining appellants under Section 323 read with Section 149 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for six months. Jit Singh appellant was also convicted under Section 336 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. The substantive sentences of imprisonment were ordered to run concurrently. 18. So in the entire ordeal two questions emerged to be most important one. Firstly as to whether all the appellants were involved in the commission of the crime ? The substantive sentences of imprisonment were ordered to run concurrently. 18. So in the entire ordeal two questions emerged to be most important one. Firstly as to whether all the appellants were involved in the commission of the crime ? Secondly if an offence had been committed which amounted to culpable homicide and order or was covered under Sections 304 Part I or Part II of the Indian Penal Code ? 19. There is no doubt that there was a dispute between the parties regarding the possession of the land allotted to them during consolidation. A previous occurrence had also taken place in which a case was made out at the instance of Gurmit Singh for causing injuries to him and some of the accused persons had a reason to right. On the statement Ex. PF a case was registered as F.I.R. No. 25 on 16.3.1993 at 6.15 P.M. whereas the occurrence had taken place on 12.3.1993 at 5 P.M. SI Amar Singh PW.7, the Investigating Officer had been trying to find out if the injured were fit to make statement and ultimately Labh Singh made his statement Ex. PF. He denied having named only five persons. He brought a private criminal complaint after lapse of about three months. 20. It is abundantly clear from the aforesaid discussion that initially five persons were named in the first information report that they inflicted injuries on the person of Sukhjiwan Singh deceased. Jit Singh appellant is stated to have given a Butt blow of his rifle to Sukhjiwan Singh hitting on the back side of his head. Santa Singh appellant is alleged to have fired in the air in order to scare away the witnesses so that they could not rescue the injured and the deceased. However, during the course of evidence Labh Singh PW.3, Malkiat Singh PW.4 and Kamaljit Kaur PW.5 have mentioned the names of Daman Singh, Lachhman Singh, Santa Singh, Jit Singh and Thaman Singh. Labh Singh PW.3 made a criminal complaint Ex. PG and during the statements these witnesses also named Munsha Singh, Thaman Singh, Iqbal Singh and Swaran Singh also. However, during the course of evidence Labh Singh PW.3, Malkiat Singh PW.4 and Kamaljit Kaur PW.5 have mentioned the names of Daman Singh, Lachhman Singh, Santa Singh, Jit Singh and Thaman Singh. Labh Singh PW.3 made a criminal complaint Ex. PG and during the statements these witnesses also named Munsha Singh, Thaman Singh, Iqbal Singh and Swaran Singh also. So from the aforesaid discussion it would be apparent that the four persons, namely, Munsha Singh, Zora Singh, Iqbal Singh and Swaran Singh were named three months of the occurrence for the first time and when no explanation as to why their names were not mentioned in the first information report is forthcoming, the same would cast a serious doubt about the veracity of the witnesses to that extent. It is not necessary that we disbelieve the entire statements of aforesaid three witnesses but on the principle of falsus in uno, falsus in omnibus we can rely upon the statements of the witnesses to the extent mentioned in the challan. Even otherwise the role of Iqbal Singh and Munsha Singh is that they threatened the complainant party. It may also not be probable that Munsha Singh, as stated by Labh Singh PW.3, gave a Kirpan blow on his head and then modifying his statement he stated that it was given from the blunt side and this statement may not be acted upon. He further stated that Swaran Singh also gave from the blunt side and his statement may not be acted upon. He further stated that Swaran Singh also gave a blow to him without specifying the seat of the injury. This version of Labh Singh renders a part of the statement of Labh Singh PW.3 to be such that the role of these four persons is absolutely ineffective. So the case of five persons added in the complaint can be clearly distinguished on merit. If we totally disbelieve the statement of Labh Singh and even exclude the five accused mentioned in the challan even then it would result into miscarriage of justice and the guilty would escape. Therefore, the first question is answered as mentioned above. 21. As regards the second question mentioned, dispute was relating to the delivery of the possession of the land. There was no pre-planned attack. Therefore, the first question is answered as mentioned above. 21. As regards the second question mentioned, dispute was relating to the delivery of the possession of the land. There was no pre-planned attack. The five appellants were present by chance and it was suspected that the complainant party was not allowing the possession of the land to be delivered to the accused party allotted during the consolidation. No fire arm injury was actually given to any of the injured or the victim deceased Sukhjiwan Singh. The injuries inflicted by Lachhman Singh, Daman Singh and Jit Singh are merely by lathis and since there was an injury by Jit Singh on the head of the deceased it resulted into his death. Santa Singh fired in the air. Jit Singh was armed with a rifle but he also gave a blow with a Butt of the gun on the head of the deceased Sukhjiwan Singh while Thaman Singh allegedly inflicted injuries with Kirpan and though no injury allegedly given by Thaman Singh was found either on any person but he had shared the common object and participated in the commission of offence and the offenders knew that the injuries they were inflicting or their co-accused were inflicting were likely to cause the death. Therefore, the actual offence committed by them may not be culpable homicide amounting to murder punishable under Sections 302 of the Indian Penal Code but under Sections 304 Part II of the Indian Penal Code. Therefore, the conviction of the appellants Daman Singh, Lachhman Singh, Santa Singh, Jit Singh and Thaman Singh is altered from under Section 302 to under Section 304 Part II of the Indian Penal Code. They have been in custody since March, 1993. Therefore, the sentence already undergone by them would be sufficient to meet the ends of justice. We order accordingly. Their conviction and sentence under Section 148 and 448 of the Indian Penal Code is maintained. 22. In view of the above discussion the appeal qua Daman Singh, Lachhman Singh, Santa Singh, Jit Singh and Thaman Singh appellants is allowed to the extent indicated above while the appeal against Swaran Singh, Zora Singh, Iqbal Singh and Munsha Singh is allowed and they are acquitted of the charges framed against them. Order accordingly.