Gurmail Singh vs State Of Punjab

2. The facts are being taken from the paper book of Criminal Appeal No. 974 of 2008 entitled Gurmail Singh v. State of Punjab.

3. The facts leading to these appeals are as under:

accused Nachhattar Singh and Parshotam Singh, are Crl.A. No.974 of 2008 REPORTABLE 2 married to real sisters. Nindo is the daughter of Sher Singh, accused. Darshan Singh accused is the son of Sher Singh. A few days prior to the incident which happened on the 25th March, 1996 a message was received with regard to the proposed marriage of the son of Parshottam Singh accused, on which the accused had got together in his house to celebrate the occasion by taking liquor. At about 10:00p.m. the accused came out in the street and raised a lalkara that they would teach the complainant party a lesson for having teased Nindo. At that time accused Gurnam Singh and Gurmail Singh were both armed with small knives (kirch) and Sher Singh, Nachhattar Singh, Parshottam Singh, Dharampal Singh and Avtar Singh were armed with lathis. Sohan Singh came out into the street to persuade them not to abuse and that they would sort out the dispute in the morning. While he was still talking to the accused Rajwinder Singh PW and Baljinder Singh also arrived there. Nachhattar Singh, Sher Singh, Dharam pal Singh and Avtar singh then raised a lalkara saying that they should not be allowed to go alive and should be taught a lesson for having teased Nindo. Gurnam Singh thereupon gave a knife blow on the right side of the abdomen of Baljinder Singh and when Rajwinder Singh came forward to help Baljinder Singh, Gurmail Singh Crl.A. No.974 of 2008 REPORTABLE 3 gave a knife blow on the right side just below his chest whereas Gurcharan Singh gave a knife blow on the lower portion of his right flank. Rajwinder Singh fell down whereupon Sher Singh gave a dang blow on his right shoulder. In the meantime, the women folk came out into the street and hurled brickbats in self- defence. As a consequence of this counter attack the accused ran away from the spot. Baljinder Singh and Rajwinder Singh were shifted to the A.P. Jain Hospital at Rajpura in a truck but the former succumbed to his injuries on the way. After investigation, the accused, eight in number were broguht to trial for offences punishable under Sections 302/149, 302, 324/149 and 323/149 of the IPC. The prosecution placed primary reliance on the evidence of Sohan Singh PW 5, Rajwinder Singh PW6, the injured eye witnesses, and also on the evidence of Dr. Charanjit Singh, PW1 whereby he, had at the initial stage, declared Rajwinder Singh unfit to make a statement, Dr. S.M. Birdi who had conducted the medical examination on the injured and Dr. O.P. Agarwal PW 4 who had conducted the post mortem on the dead body of Baljinder Singh. The accused in their defence, pleaded false implication and further that the dispute had arisen because of some election rivalries. Some of the accused also claimed alibis. The trial court on a Crl.A. No.974 of 2008 REPORTABLE 4 consideration of the evidence, acquitted Avtar Singh, Dharam Pal Singh, Nacchtar Singh and Parshottam Singh whereas Gurnam Singh, Gurmail Singh, Gurcharan Singh and Sher Singh were convicted for having committed the murder of Baljinder Singh. This judgment has been affirmed by the High Court leading to these appeals by way of special leave.

10. We, however, find some merit in the argument of the learned counsel that Sher Singh appellant should be given the benefit of doubt in the circumstances. The injury attributed to him on the person of Baljinder Singh is a "Red abrasion 2.5cm X 0.5cm on the right super scapular region obliquely placed 3 cm back ward from the upper tip of the right shoulder joint." A perusal of this injury would indicate that it is of very small dimensions and there is a clear doubt as to whether an abrasion could be caused with a lathi which Sher Singh was said to be carrying. We are, therefore, of the opinion that Sher Singh is similarly placed as the accused who have been acquitted by the trial court.

12. We, accordingly, allow the appeal of Sher Singh. The appeals of the other accused are dismissed.