Balwant Singh And Others vs State Of Punjab

3. The appellants are one Balwant Singh and his three sons Balwinder Singh, Harbans Singh and Malkiat Singh. They were convicted under section 302 and other provisions of the Indian Penal Code by the Additional Sessions Judge, Bathinda on 30.7.2002. Against that judgment they filed an appeal in the High Court which was dismissed and hence this appeal.

4. The prosecution case is that on 17.7.1998 at about 10/10-30 A.M., Bharpur Kaur(PW1) wife of Jarnail Singh r/o village Khokhar, Police station Kalawali had along with her sons Vakil Singh, Gurjant Singh and Nachhattar Singh gone to village Gill Patti, Bathinda to meet her sister's daughter Amarjit Kaur (PW-3), who was at that time residing in street No. 6, Janta Nagar, Bathinda. From there along with Amarjit Kaur and her son Kuldeep Singh alias Gurtej Singh they had gone to the house of Amarjit Kaur in village Gill Patti. When they alighted from the jeep in front of the house of Amarjit Kaur, they found the appellants Balwant Singh and his sons Harbans Singh, Malkiat Singh and Balwinder Singh armed with kirpans and gandasas sitting in the Deodi of the house of Natha Singh son of Wazir Singh. Amarjit Kaur along with Gurjant Singh and Nachhattar Singh left the house to bring milk and vegetable while Bharpur Kaur PW1, deceased Kuldeep Singh and Vakil Singh remained in thehouse. In the mean time, Balwant Singh and his son Harbans Singh armed with swords and Malkiat Singh and Balwinder Singh armed with gandasas and Natha Singh empty handed trespassed into Amrit Kaur's house. Natha Singh allegedly raised a lalkara "Inna Noo Jaggar Singh Noo Katai Karan Atte Ghar To Kabza Karan Da Maja Chakhaounde Haan, Ajj Ahe Bach Ke Na Jaan". Thereupon, Kuldeep Singh and Vakil Singh sons of Bharpur Kaur tried to go out of the house in order to save themselves but Harbans Singh gave a blow with the kirpan on the left side of the forehead and on the head of Kuldeep Singh, as a result of which he fell down on the ground. Thereafter, Balwant Singh gave a kirpan blow which resulted in infliction of injury on his right ear. Malkiat Singh gave a gandasa blow from its reverse side on the right cheek and ear of Kuldeep Singh. When Bharpur Kaur PW1 intervened to save Kuldeep Singh, Balwinder Singh and Malkiat Singh gave gandasa blow from reverse side, which resulted in injuries on her left wrist joint, left knee joint and nose. Vakil Singh raised a shout "Na Maro Na Maro" whereupon Malkiat Singh and Balwinder Singh gave gandasa blows on the person of Kuldeep Singh on his right and left thigh and below the knee joint when he was lying on the ground. In the meantime, Amarjit Kaur, mother of the deceased Kuldeep Singh, Gurjant Singh and Nachhattar Singh returned to the scene of occurrence and they also raised an alarm on hearing which the assailants fled away from the spot taking their respective weapons with them. Kuldeep Singh succumbed to the injuries.

5. Bharpur Kaur PW1 proceeded for the Police Station and on the way met SI Chand Singh SHO of Police Station Sadar, Bathinda, who was present at Aeroplane Chowk, Bathinda where he had set up a Naka for special checking of vehicles and got reduced her statement into writing. On the basis of the statement, which was completed at 12.30 PM on 17.7.1998, a formal FIR Ex PA/2 was recorded in Police Station Thermal Bathinda at 12.45PM on the same day. He himself proceeded to the spot where he prepared inquest report and during the investigation took into possession blood stained earth vide recovery memo Ex PR, recorded the statements of the witnesses and forwarded the dead body to Civil Hospital, Bathinda through Constable Joginder Singh along with request for Post Mortem Examination Ex PE. On 18.7.1998 he took into possession clothes of the deceased, which were handed over to him by Constable Joginder Singh.

6. On 21.7.1998 he arrested Balwant Singh and Malkiat Singh, who made disclosure statements pursuant whereof the Kirpan Ex P12 and gandasa Ex P13 were taken into possession through recovery memo Ex PU/2 and Ex PU/3. Harbans Singh and Balwinder Singh were apprehended on 22.7.1998 and they too made disclosure statements Ex PU/4 and Ex PU/5 respectively pursuant whereof Kirpan Ex P/14 and gandasa Ex P/15 respectively were taken into possession vide recovery memo Ex P/6 and Ex PU/7 respectively. Balwant Singh and Malkiat Singh, appellants made separate disclosure statements Ex PU/16 and Ex PU/17 pursuant whereof their shirts Ex P/16 and Ex P/17 which were blood stained were taken into possession through recovery memos Ex PU/18 and Ex PU/19 respectively. The same were forwarded to the Chemical Examiner for examination and on receipt of the report of Chemical Examiner, the challan was put in Court against the appellants before the Illaqa Magistrate, who upon finding that the offences disclosed were exclusively triable by the Courts of Sessions, committed the same to the Court of Sessions for trial.

11. Thus it appears that there were three injuries on the head of Kuldeep Singh. It may be that Amarjit Kaur was not present when these injuries were caused to Kuldeep Singh, but in our opinion there is strong circumstantial evidence that they were caused by the accused. In our opinion this circumstantial evidence is sufficient to uphold the conviction because it contains all the links in the chain which connect the accused with the incident. These links are :

(c) All the accused thereafter gave thrust blows as well as kick blows to Kuldeep Singh who was lying on the ground. Hitting and kicking an injured man who is already lying on the ground shows the deadly intent of the accused.

(d) There was no one else other than the accused who is said to have been on the spot at the time of the incident.

14. In view of the above, there is no merit in this appeal. The appeal is accordingly dismissed.