IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Appeal No. 535-DB of 2000 Dated of Decision:- July 07, 2009 Jagir Singh and others ....APPELLANTS VERSUS The State of Punjab ....RESPONDENT CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present:- Sh. O.P.Hoshiarpuri, Advocate for the appellants. Sh. Satinder Singh Gill, Addl. A.G. Punjab. ------ MEHTAB S.GILL, J. This is an appeal against the judgment dated 18.8.2000 of the learned Sessions Judge, Kapurthala, whereby he convicted Jagir Singh son of Jit Ram, Kashmir son of Jit Ram, Balbir Singh son of Jit Ram, Sukhwinder Singh alias Chhindi son of Jagir Singh and Jit Ram son of Jagat Ram under Sections 302 read with Sections 148/149 IPC. They were sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to further undergo three months R.I. under Section 302/149 IPC. Under Section 148 IPC, they were sentenced to undergo two years R.I. Sentences were ordered to run concurrently. 2 Criminal Appeal No. 535-DB of 2000 The case of the prosecution is unfolded by the statement Ex.PN of Amarjit Singh given to Balbir Singh SHO at Chowk Dadvindi (Sultanpur Lodhi). Amarjit Singh stated that he has another brother, namely Charanjit Singh. They do labour work. On 23.1.1998 at about 9 a.m., he along with Sukhwinder Singh @ Shindri son of Jagir Singh, Karnail Singh son of Khushia, Sohan Singh son of Mehanga were unloading sand from a trolley in the field of Joginder Singh son of Santa Singh Kamboj. His father Sucha Singh and his brother Charanjit Singh, Kashmir Singh son of Ajit Singh, Satnam Singh son of Ajit Singh were also unloading the sand from a trolley in the field of Tejwant Singh son of Daljit Singh Kamboj. Sukhwinder Singh Shindri took away two spades of his father Sucha Singh. Amarjit Singh’s father Sucha Singh and brother Charanjit Singh reached the field of Joginder Singh and asked about the spades. Sukhwinder Singh @ Shindri started abusing his father Sucha Singh and brother Charanjit Singh. Amarjit Singh and his uncle Karnail Singh intervened and stopped them from fighting. On 24.1.1998 at about 9.00 a.m. his father Sucha Singh called a Panchayat, which gathered at the Panchayat Ghar. Gajjan Singh Member Panchayat, Shingara Singh Member Panchayat, Balwant Singh Nambardar and others were present. When they were about to start talking, Jagir Singh abused Sucha Singh and caught hold of him from the neck. He raised a lalkara that Sucha Singh be taught a lesson for levelling false allegations regarding taking away of the spades. Sukhwinder Singh @ Shindri caught hold of Sucha Singh from his arms. Balbir Singh @ Beera, Kashmir Singh and Jeet started giving fist blows to Sucha Singh. Thereafter Jagir Singh caught hold of him from his hair and threw him on the ground 3 Criminal Appeal No. 535-DB of 2000 after twisting his arms. He then kickedkicked him. Amarjit Singh, his brother Charanjit Singh and other Panchayat members rescued Sucha Singh. Sucha Singh died on the spot. All the accused ran away from the spot. After leaving the dead body at the Panchayat Ghar, Amarjit Singh went to lodge report along with Shingara Singh, Member Panchayat. On the way Balbir Singh SHO, Police Station Sultanpur Lodhi met them in Dadwindi Chowk where he recorded statement Ex.PN of Amarjit Singh. On the basis of this statement, FIR Ex.PN/2 was recorded on 24.1.1998 at 12.45 p.m. and the special report reached the Judicial Magistrate, Sultanpur Lodhi on the same day at 2.00 p.m. The prosecution to prove its case brought into the witness box, Dr. Baljit Singh PW1, Dr. Surinder Pal PW2, HC Skattar Singh PW3, HC Bakshish Singh PW4, Constable Malkiat Singh PW5, C.Harjit Singh No.1044 PW6, C.Harjit Singh No.1259 PW7, Ajit Singh Matharu Draftsman PW8, Amarjit Singh PW9, Charanjit Singh PW10 and Balbir Singh Inspector PW11. Harjit Singh DW1 and Shangara Singh DW2 were examined in defence. Learned counsel for the appellants has argued that statement of Harjit Singh DW1, Sarpanch of Village Merrypur is the correct version of the occurrence. Harjit Singh DW1 has stated, that a quarrel had taken place on the unloading of sand and a panchayat was convened on 24.1.1998. About 40-50 persons were present there. Deceased Sucha Singh got angry. He suffered a heart attack and fell down, when the discussions were going on in the panchayat. Amarjit Singh PW9 and Charanjit Singh PW10 were informed, as they were not present in the panchayat. 4 Criminal Appeal No. 535-DB of 2000 There are discrepancies in the statements of both the eye witnesses Amarjit Singh PW9 and Charanjit Singh PW10. Learned counsel has put his main thrust of arguments that the offence does not fall under Section 302 IPC, but under Section 323 IPC, as the injuries on the person of the deceased are by fists and kicks. Learned counsel for the State has argued, that the testimony of both Amarjit Singh PW9 and Charanjit Singh PW10 is corroborated by the medical evidence as propounded by Dr. Baljit Singh PW1, who performed the post mortem. Occurrence had taken place on 24.1.1998 at 9.00 a.m. and by 2.00 p.m. the special report reached the Judicial Magistrate, Sultanpur Lodhi. There is no delay in the lodging of FIR Ex.PN/2, which came into existence at 9.30 a.m. This itself goes a long way in proving the case of the prosecution. We have heard the learned counsel for the parties and perused the record with their assistance. Dr. Baljit Singh PW1 performed the post-mortem on the person of deceased Sucha Singh. He found the following injuries on his person, which are reproduced as under: - “1. A reddish abrasion injury 2 x 1.5 cm below right knee joint. 2. Another reddish abrasion injury 2.5 x 1.7 cm below left knee joint. 3. A reddish contusion 4 x 2.7 cm on epigestia. 4. Two abrasion injuries on dorsem of middle and ring finger of right hand. There are no injuries on scalp. Brain was congested. Walls, ribs and cartridges of chest 5 Criminal Appeal No. 535-DB of 2000 were normal. Pleurae was normal. A section of lung was sent for examination. Trachea was normal. A piece of right lung was also sent for analysis. He has given the cause of death being asphyxia. It is clear from the medical report that when Jagir Singh caught hold of Sucha Singh by his neck, it is at that time Sucha Singh throttled and breathed his last. Fist and kick blows were given to the deceased at that moment of time. Both his external and internal organs were normal. There was no fracture and dislocation of any bone. In the Post-mortem Report Ex.PD, it has come out that there was no ligature mark on the neck of the dead body. The medical report categorically states that Sucha Singh died of asphyxia. The heart attack version put forward by Harjit Singh DW1 does not get any corroboration from the medical evidence. Appellant Sukhwinder Singh had caught hold of the arms of deceased Sucha Singh and thus he could not save himself from the appellants. It has come in evidence of Amarjit Singh PW9 and Charanjit Singh PW10, the eye witnesses to the occurrence, that a panchayat had collected in the Panchayat Ghar for settling the dispute, which had taken place on 24.1.1998 regarding two spades, which had been taken away by the appellants. These spades were being used to put sand in the trolley. A trivial dispute unfortunately led to the death of Sucha Singh. There was no previous enmity between the parties. Occurrence had taken place on 24.1.1998 at 9.00 a.m. FIR Ex.PN/2 came into existence at 9.30 a.m. on the same day and the special report reached the Judicial Magistrate, Sultanpur Lodhi at 2.00 p.m. There 6 Criminal Appeal No. 535-DB of 2000 is no delay in lodging of the FIR. This itself is going a long way in establishing the guilt of the accused. The names of the witnesses and the way the occurrence had taken place have been spelt out in the FIR. FIR Ex.PN/2 gets corroboration from the statements of Amarjit Singh PW9 and Charanjit Singh PW10. Testimony of Amarjit Singh PW9 and Charanjit Singh PW10 could not be challenged in cross-examination. The version put forward by the defence that deceased Sucha Singh suffered a heart attack is not trustworthy and it has been conceded in the defence evidence that a panchayat had met to settle the dispute. The argument of the learned counsel for the appellants that the case falls under Section 323 IPC has no merit with the evidence we have before us. The case of the appellants in fact falls under Section 304 Part II IPC. A sudden fight erupted in front of the whole village over a trivial matter, when both the parties were heated up. Sucha Singh was given fist and kick blows and in a fit of anger appellant Jagir Singh pressed the neck of Sucha Singh so hard that he could not breathe. Dr. Baljit Singh PW1 has categorically stated, that the cause of death is asphyxia and not of heart attack. We find it a fit case to convict the appellants under Section 304 Part II IPC and sentenced them to undergo six months R.I. Fine shall remain intact. With the above observations and discussion, appeal is dismissed. (MEHTAB S.GILL) JUDGE 7 Criminal Appeal No. 535-DB of 2000 (JITENDRA CHAUHAN) July 07, 2009 JUDGE SKArora WHETHER TO BE REFERRED TO REPORTER? YES/NO