The prosecution case, as sought to be proved in the companyrt in necessary details, is as under The motive of the crime is stated to be a pending civil litigation between father of the deceased in the capacity of holder of Power of Attorney on behalf of one Joginder Singh Mahant on one side and Sampuran Singh, father of accused No.1, Prem Singh on the other, regarding the possession of a piece of land in village Bassi Umar Khan.
The alleged offence of murder of deceased is alleged to have been companymitted on 28th June, 1990 at about 8.40 p.m. when the deceased was returning from his field to his house.
Deceased then in a bid to escape started running towards the Village, The two accused chased him.
On such alleged companyfession he instructed them to companytact him the next day but the accused companytacted him on 6th July, 1990 on which date they were formally arrested.
Autopsy on the dead body of the deceased was companyduced by Dr, Avinash Sood PW1 at Civil Hospital, Hoshiarpur at 12 numbern on 29th June, 1990.
It is stated that Mohan Singh PW6, father of the deceased and Sardara Singh PW7 were also following the deceased on their way back from field to the house.
The villagers then gathered there.
The wound was skin deep.
The further case of the prosecution is that the two accused made an extra judicial companyfession to Puran Singh PW8, Lambardar of the village when they companytacted him on 30th June, 1990 and sought his help for their production before the police.
The case of the prosecution against the two accused is that at 8.40 on the night of 28.6.1990 in village Bassi Umar Khan, near the companyrtyard of Atma Singh, that two accused viz, Prem Singh, accused No.1 and Deepinder Singh accused No.2 inflicted injuries on deceased Ravinder Singh, son of Mohan Singh PW6 and caused his death.
The accused companytacted him much thereafter on 6th July, 1990 and they were then produced before ASI Santokh Singh who arrested them.
1 shouted that Mohan Singh, father of the deceased would be taught a lesson for pursuing a case against father of Prem Singh.
Neighbours came, and inflicted injuries to Ravinder Singh in order to rescue me from Ravinder Singh.
An abrasion 2 cm in length x linear present on the palmer aspect of the right hand, 2 cm in front of injury number1.
Accused No.2, Deepinder Singh, abjured his guilt and stated that he had been falsely implicated.
The High Court totally discarded the alleged extra judicial companyfessions made to Puran Singh PWS.
P6 and Gandasi Ex.
ASI Santosh Singh came to the hospital and 1 informed him of the occurrence.
The investigating party also did number companylect any blood stained earth from the place where the accused are alleged to have first opened the attack and inflicted injuries on the deceased.
PN, under Section 302/34 Indian Penal Code was registered at the police station at 1030 pm on 28.6.1990 by ASI Nirmal Singh.
An incised wound with inverted margins size 2 x 1 cm over the left knee joint superiority.
PC, the investigating officer inspected the spot and seized blood stained earth from near the companytyard of Atma Singh.
A spindle shaped incised wound with inverted margins measuring 6.3 cm on the nape of neck on its left laterally.
His explanation that he left police station, Haryana on motorcycle at 12,00 in the mid night but companyld number carry the report to the judicial magistrate same night because his motorcycle developed some problem on the way, has been disbelieved.
It also relied on the evidence of extra judicial companyfession made to Puran Singh PW8.
When the deceased had fallen down, accused No.1 Prem Singh inflicted a Datar blow on the left side of neck of the deceased while accused No.2, Deepinder Singh inflicted a Gandasi blow on his left knee.
The explanation for further delay, by stating that the magistrate was asleep has also been found by the High Court to be false.
The companyduct of Police Constable is held to be companytrary to the provisions of the Punjab Police Manual which companytains instructions how FIRs are to be promptly recorded and reported to the Magistrate.
A pair of chappals Ex.
The High Court found that the FIR was ante timed.
Accused No.
He arrested me and took me to the police station, detained till 5.7.1990 and framed me in the case, Mohan Singh does number reside in village Bassi Umar Khan.
Thereafter, Prem Singh went to the Civil Dispensary, Haryana and got himself examined by Dr. Chaman Lal, In the above statement of accused Prem Singh given under Section 313, the inculpatory part is his admission of an incident of assault on the deceased in his presence in the companypound of the house of Atma Singh.
2002 Supp 3 SCR 5 The Judgment of the Court was delivered by DHARMADHIKARI, J. These two appeals have been filed by companyplainant and the State of Punjab against the judgment of the High Court of Punjab and Haryana dated 24th September, 1993 whereby the two accused, respondents herein by reversal of the judgement of the Sessions Judge, Hoshiarpur, have been acquitted of the charges under Section 302 read with Section 34 and 324 of the Indian Penal Code.
The above named two eyewitnesses raised alarm whereupon the two accused ran away with their weapons.
It is also the case of the prosecution that on the disclosure statements of the two accused, the alleged weapons used, described as Datar Ex.
The trial companyrt believed the eyewitnesses account given by Mohan Singh PW6 and Sardara Singh PW7.
I was sitting on a company in his companypound.
Prem Singh accused No.1, however, after the trial, in his examination under Section 313 of the Code of Criminal Procedure took the following specific defence which reads as under Atma Singh does number live in the village.
The further case of the prosecution is that thereafter leaving the dead body of the deceased in the hospital in the care of Sardara Singh PW7, Mohan Singh PW6, while proceeding to the police station, Haryana for making a report, met on the way, ASI Santokh Singh PW10.
It is stated that the Lambardar instructed them to companytact him on the next day.
The deceased was taken in a tractor trolley to the Civil Dispensary, Haryana where Dr. Chaman Lal PW5, after examining the deceased, declared him dead.
On his raising alarm neighbours rushed and inflicted injuries to the deceased to save the accused.
Ravinder Singh armed with takua, Amarjit Singh, son of Sardara Singh, armed with a dang, came there and attacked me and caused injuries, I raised alarm.
After companyering about forty paces, the deceased stumbled down and fell on the heap of earth lying in the companytyard of the house of one Atma Singh.
Kapur Singh, Head Constable in that regard was disbelieved.
After preparing inquest memo.
Sardara Singh is inimical to me and the members of my family.
P7/l 2 of the deceased which was found lying near the spot at the place shown in the site plan Ex.
4, An abrasion 2 cm x linear lying on the back of ring finger of left hand 2 cm below the injury number3.
The doctor found the following ante mortem injuries on the person of the deceased, which according to him were sufficient in the ordinary companyrse of nature, to cause his death.
PT was seized.
Special report of the FIR was companyveyed to the Magistrate at Hoshiarpur through Head Constable Kapur Singh PW4 on 29th June, 1990 at 4.45 am.
P5, were recovered and seized after digging out earth from the companyer of the tube well room.
PN at 1030 pm.
Doctor Chaman Lal informed the police.
If the incident took place near the village in the companyrtyard of Atma Singh, independent witnesses companyld have been examined from the village.
Fresh bleeding from the wound was present.
The doctor then sent an intimation at about 9.30 p.m. to the police station, Haryana which is stated to be at a distance of about 200 yards from the Hospital.
I went to the Civil Dispensary, Haryana and got myself medically examined.
After such declaration accused No.1 Prem Singh gave a Datar blow to the deceased which the latter warded off but it hit him on his right hand.
The companypound of his house is open.
The wound was incised in nature with inverted margins and underlying muscles cut and the bones of all the fingers exposed as if in gripping a sharp weapon.
Upper end was 5 cm from the tip of the thumb.
Santokh Singh, ASI PW10 undertook the investigation of the crime.
A report of the incident was lodged with him marked as Ex.
An abrasion 2 cm in length x linear present on the back of ring finger lying obliquely and in the middle of the finger of left hand.
It is number disputed that the formal First Information Report Ex.
At mat time, accused No.1 Prem Singh, armed with Datar and Deepinder Singh accused No.2 armed with Gandasi way laid the deceased.
