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2007 DIGILAW 1593 (PNJ)

Gurjant Singh v. State Of Punjab

2007-09-05

A.N.JINDAL, MEHTAB S.GILL

body2007
Judgment Mehtab S.Gill, J. 1. We will be deciding Criminal Appeal No. 191-DB of 1998 and Criminal Appeal No. 202-DB of 1998 by a common order, as they arise out of the same judgment dated 4.3.1998 of the learned Additional Sessions Judge, Faridkot. 2. The learned trial Court convicted Gurjant Singh son of Iqbal Singh, Jaswinder Singh son of Lugga Ram and Parshotam Singh son of Bhag Singh under Sections 302/34/450 IPC and Puran Singh son of Arbel Singh under Sections 302/450 IPC. Under sections 302/34 IPC, the learned trial Court sentenced Gurjant Singh, Jaswinder Singh and Parshotam Singh to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for six months. Under Section 302 IPC, Puran Singh was sentenced to life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for six months. Under Section 450 IPC, all the accused were sentenced to undergo five years R.I. and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month. All the sentences were ordered to run concurrently. 3. The case of the prosecution is unfolded by the statement Ex.PF of Gurmej Singh given to ASI Puran Chand at Bus Stand Village Butter. 4. Gurmej Singh stated, that he is resident of Village Arianwala. About 1-1/2 years back Kala Singh son of Puran Singh of Village Arianwala Khurd was married to Rajinder Kaur d/o Naranjan Singh. Gurbax Singh was the go-between. On 4.5.1995 at about 10.00 a.m., Rajinder Kaur came to their house from her in-laws house, as she was maltreated there. At about 7.00 p.m., Puran Singh, Parshotam Singh, Gurjant Singh and Jaswinder Singh came to the house of the complainant- Gurmej Singh. Puran Singh asked his daughter-in-law Rajinder Kaur to accompany him to his house. Rajinder Kaur refused to do so, as she was apprehensive that she would be killed. Puran Singh started quarreling with his daughter-inlaw. Gurbax Singh father of complainant Gurmej Singh asked Puran Singh not to quarrel with Rajinder Kaur in his house. At this, Parshotam Singh and Jaswinder Singh caught hold of Gurmej Singh and Puran Singh took out a Siri Sahib (small sword) and gave a blow in the abdomen of Gurbax Singh. Gurjant Singh caught hold of Gurbax Singh. Gurbax Singh father of complainant Gurmej Singh asked Puran Singh not to quarrel with Rajinder Kaur in his house. At this, Parshotam Singh and Jaswinder Singh caught hold of Gurmej Singh and Puran Singh took out a Siri Sahib (small sword) and gave a blow in the abdomen of Gurbax Singh. Gurjant Singh caught hold of Gurbax Singh. Gurmej Singh and his mother Parsin Kaur raised an alarm. Gurdial Singh son of Makhan Singh, a neighbourer came running. All the four accused then fled from the place of occurrence. 5. On the basis of this statement, FIR Ex.PF/2 was recorded on 4.5.1995 at 10.00 p.m. and the special report reached the J.M.I.C., Faridkot on 5.5.1995 at 1.30 a.m. 6. The prosecution to prove its case brought into the witness box Dr. K.K. Aggarwal PW1, Gurmej Singh PW2, Gurdial Singh PW3, Harjinder Kaur alias Rajinder Kaur PW4, Inspector Baldev Singh PW5, ASI Puran Chand PW6 and Dharam Singh Draftsman PW7. 7. Learned counsel for the appellants has argued, that apart from appellant Puran Singh, other appellants i.e. Gurjant Singh, Jaswinder Singh and Parshotam Singh have been roped in, as they are friends of Puran Singh. There was no need for them to be present, as they were neither the go- between in the marriage of Harjinder Kaur with the son of Puran Singh, nor were they relatives of appellant Puran Singh or complainant Gurmej Singh. Appellant Puran Singh had gone to get back his daughter-in-law i.e. Harjinder Kaur PW4 from the house of the deceased. When he was persuading her, the complainant party attacked him with the knife and inflicted injuries on him. In his self defence, he gave a blow to deceased Gurbax Singh, which unfortunately led to his death. It is a case of sudden fight. The prosecution witnesses i.e. Gurmej Singh PW2, Harjinder Kaur PW4 and Gurdial Singh PW3 have improved their statements only to falsely implicate appellants Gurjant Singh, Jaswinder Singh and Parshotam Singh. 8. Appellants Gurjant Singh, Jaswinder Singh and Parshotam Singh have been falsely roped in, as Surjit Singh, Sarpanch had fought election against Lugga Ram father of appellant Jaswinder Singh in the year 1993. Lugga Ram was defeated in the election by Surjit Singh. Complainant party was the supporter of Surjit Singh Sarpanch. 8. Appellants Gurjant Singh, Jaswinder Singh and Parshotam Singh have been falsely roped in, as Surjit Singh, Sarpanch had fought election against Lugga Ram father of appellant Jaswinder Singh in the year 1993. Lugga Ram was defeated in the election by Surjit Singh. Complainant party was the supporter of Surjit Singh Sarpanch. A suggestion has been put, that a criminal complaint filed by Amrik Singh, the brother of Surjit Singh Sarpanch pending in the Court of J.M.I.C., Faridkot, where appellants Gurjant Singh and Parshotam Singh are cited as witnesses. 9. Learned counsel for the State has argued, that the promptness with which the FIR has been recorded, goes a long way in proving the case of the prosecution. Occurrence had taken place on 4.5.1995 at 7.00 p.m. FIR Ex.PF/2 was recorded on the same day at 10.00 p.m. and the special report reached the J.M.I.C., Faridkot on 5.5.1995 at 1.30 a.m. Statements of Gurmej Singh PW2, Gurdial Singh PW3 and Harjinder Kaur PW4 are consistent and corroborated by the medical evidence. Gurmej Singh PW2 and Harjinder Kaur PW4, the eye witnesses to the occurrence, have no reason to falsely implicate the appellants. Occurrence had taken place in the house of Gurmej Singh PW2. Appellant Puran Singh has admitted in his statement under Section 313 Cr.P.C., that he was present and it is in self defence, that he gave the injuries. After going through the injuries on the person of appellant Puran Singh, it is clear that they are superfluous and simple injuries. 10. We have heard the learned counsel for the parties and perused the record with their assistance. 11. Appellant Puran Singh has admitted in his statement under Section 313 Cr.P.C., that he was present at the place of occurrence. His statement is as under :- " Q. Have you any thing else to say ? Ans. I am innocent. I have been falsely implicated. The witnesses are interested in the prosecution and close relations of the deceased. Gurbax Singh deceased and Gurdial Singh are Amritdhari Sikhs and wearing small kirpans known as Siri Sahib. On the day of occurrence, I went to the house of Gurbax Singh to bring back Rajinder Kaur my daughter-in-law. When Gurbax Singh and Gurdial Singh attacked me. Rajinder Kaur had run away. There was no other witness at the spot. Gurbax Singh deceased and Gurdial Singh are Amritdhari Sikhs and wearing small kirpans known as Siri Sahib. On the day of occurrence, I went to the house of Gurbax Singh to bring back Rajinder Kaur my daughter-in-law. When Gurbax Singh and Gurdial Singh attacked me. Rajinder Kaur had run away. There was no other witness at the spot. Gurbax Singh deceased and Gurdial Singh gave me many injuries with their small kirpan known as Siri Sahib. When they did not desist, I in self defence caused/hurled kirpan, which hit Gurbax Singh. I was admitted in injured condition in Civil Hospital, Muktsar where I was medically examined. On 5.5.95 ASI Sukhmander Singh of P.S. Sadiq recorded my FIR statement in civil hospital, Muktsar, copies of my MLR and statements are on the judicial file. The investigation by the police was one sided and the police did not challan the other party in order to favour them, and falsely implicate me, in this case. The police was also biased against me". Appellant Puran Singh has stated, that deceased Gurbax Singh gave him many injuries with his small kirpan. In his self-defence, he hurled kirch/kirpan at Gurbax Singh, which proved fatal. In his defence, he has produced Dr. Jaidev Singh DW2, who prepared his medico legal report Ex.DW2/B. The statement of appellant Puran Singh was recorded by ASI Sukhmander Singh DW1, after Dr. Jaidev Singh DW2 gave his endorsement Ex.DW2/3, that Puran Singh was fit to make a statement. He (DW2) examined Puran Singh on 4.5.1995 at 11.30 p.m. As per the statement of Dr. Jaidev Singh DW2, appellant Puran Singh received four injuries. An incised wound on the right thigh. Second injury being an incised wound on left thigh. Third injury being an incised wound on left little and ring finger; and fourth being an abrasion on right knee joint. Injuries No. 1 and 2 were declared simple. This witness has opined, that all the injuries were on non-vital parts of the body and possibility of the injuries being self-suffered could not be ruled out. ASI Sukhmander Singh DW1 has stated in his testimony before the Court, that it is correct that injuries on the person of appellant Puran Singh during investigation were found to be self-suffered. This witness has opined, that all the injuries were on non-vital parts of the body and possibility of the injuries being self-suffered could not be ruled out. ASI Sukhmander Singh DW1 has stated in his testimony before the Court, that it is correct that injuries on the person of appellant Puran Singh during investigation were found to be self-suffered. 12 Gurmej Singh PW2 and Harjinder Kaur PW4, both the eye witnesses have categorically stated, that appellant Puran Singh came to the house of Gurmej Singh PW2. Gurbax Singh deceased tried to intervene, when appellant Puran Singh started quarreling with his daughter-in-law i.e. Harjinder Kaur, as he wanted to take her away, some sort of fight erupted there. In the heat of passion and anger, appellant Puran Singh took out his kirpan Ex.P1, which a baptised sikh wears on his body and stabbed Gurbax Singh, who unfortunately died. Occurrence had taken place in the house of deceased Gurbax Singh and Gurmej Singh PW2. The injuries were inflicted at heat of the moment. Appellant Puran Singh did not have the intention to commit the murder of Gurbax Singh, but he was angry that his daughter-in-law Harjinder Kaur PW4 was not going with him. Deceased Gurbax Singh was intervening to cool down appellant Puran Singh. At the most, appellant Puran Singh can be convicted under Section 304 Part-II, as he had no intention to commit the murder of Gurbax Singh. 13. Now coming to the role played by appellants Gurjant Singh, Jaswinder Singh and Parshotam Singh, it has come on record that there was personal enmity between the complainant party and these appellants. They had no reason to be present there. Neither they were related or friendly with the complainant party, nor were they related to appellant Puran Singh. They seem to have been roped in for the reasons given by the learned counsel for the defence in his arguments. We have no hesitation in finding them innocent. Criminal Appeal No. 191-DB of 1998 filed by them is allowed. Their conviction and sentence is set aside and they are acquitted of the charges framed against them. 14. Appellant Puran Singh is convicted under Section 304 Part-II IPC. Both the parties are in present in Court with their counsel. Counsel states that Kala and Rajinder Kaur have divorced each other and both have remarried. Their conviction and sentence is set aside and they are acquitted of the charges framed against them. 14. Appellant Puran Singh is convicted under Section 304 Part-II IPC. Both the parties are in present in Court with their counsel. Counsel states that Kala and Rajinder Kaur have divorced each other and both have remarried. Counsel states that parties have compromised and they want to lead peaceful life. Accused is also present in Court. He is a handicapped person and cannot move without crutches. The complainant party requested this Court to have mercy on the accused. Keeping in view the facts and circumstances, his sentence is reduced to four years R.I. Fine shall remain intact. With these modifications in conviction and sentence, Criminal Appeal No. 202-DB of 1998 filed by appellant Puran Singh is dismissed.