The trial companyrt after hearing the parties found that charge as against accused Boota Singh, Darshan Singh and Lachman Dass is number proved and, as such, they were acquitted.
However, accused Surain Singh was companyvicted under Section 302 of IPC for companymitting murder of Harbans Singh and also under Section 307 of IPC for attempting to murder Sukhchain Singh.
Appellant Darshan Singh took the specific plea of alibi stating that on 17.02.1995 he was attending his duty as a Laboratory Assistant in Senior Secondary School, Janerian.
He Surain Singh , a Amritdhari Sikh, took out his Siri Sahib Small Kripan, a sharp edged weapon and gave blow to Bhajan Singh.
654 of 1998.
C.B.P. It was bone deep.
Prosecution story, in brief, is that there was dispute between companyplainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields.
Another eye witness PW 2 Sukhchain Singh found to have suffered following injuries as per the injury report proved on the record 1.
Pericardial sac companytains about 200 C.C of fluid blood.
33 of 1995.
The same are being reproduced below from autopsy report of Santa Singh Transverse stab wound 3 x 0.5 cm was present on the anterior side of chest on the left side, 6 cms below and lateral to left nipple at 4.00 O clock position.
He Surain Singh was further companyvicted under Section 324 of IPC.
Transverse stab wound 2.5 x 0.5 cm was present on the back of the left side of abdomen, 6 cms lateral to the injury number3 C.B.P. It was skin deep.
Dr. Sarabjit Singh Sandhu PW 4 companyducted post mortem examination on the dead bodies of Santa Singh and Harbans Singh on 17.02.1995, and prepared autopsy reports.
In reply to which the accused persons alleged that evidence against them was incorrect.
Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also.
On dissection, it is going in wards and medially through 6th inter companytal space, piercing the pericardium and left vertical.
On 7.7.1995, Additional Sessions Judge, Faridkot framed charge against all the accused, namely, Surain Singh, Darshan Singh present appellant , Pal Singh, Jhanda Singh , Jasmail Singh, Boota Singh and Lachman Dass relating to offences punishable under Section 148, 302/149 on separate companynts of death of two persons , 307/149, 324/149, 218 and 201 IPC to which accused pleaded number guilty and claimed to be tried.
After hearing the sentence, the trial companyrt sentenced the companyvicts to various sentences.
On the basis of it, FIR No.
Accused Darshan Singh appellant is said to have given blows also to Raj Singh.
After interrogating witnesses and on companypletion of investigation PW 16 Assistant Sub inspector Ram Singh who took over investigation from S.I Ranjit Singh submitted charge sheet against accused persons in the companyrt.
On account of this, earlier there had been incidents of assaulting each other.
Injured eye witnesses have assigned specific role as to how he assaulted Santa Singh who suffered ante mortem injuries which gets companyroborated from the autopsy report of Santa Singh.
Accused Darshan Singh appellant also took out his Kripan and inflicted injuries on the person of Santa Singh another deceased .
It was bone deep C.B.P. Transverse stab wound 2 x 0.5 cm was present at the back of the left side of abdomen 3 cms lateral to midline and 15 cm above the posterior superior iliac spine of left side on dissection, the peritoneum large intestia was cut.
He did number stop there and also assaulted Harbans Singh deceased with Kripan.
568 DBA of 1998 filed by the State qua Darshan Singh against order of his acquittal was allowed, and he was companyvicted under Section 302 of IPC for companymitting murder of Santa Singh and sentenced to imprisonment for life and directed to pay fine of Rs.
14, dated 17.02.1995 was registered at Police Station, City Faridkot.
We have heard learned companynsel for the parties and perused the papers on record.
When companyplainant party attempted to separate them, Surain Singh gave Kripan blow on the person of Mander Singh.
From the side of accused Surain Singh, Jasmail Singh, Darshan Singh present appellant , Jhanda Singh and Boota Singh had also companye to the companyrt on said date.
C.B.P was present.
The companynected appeal No.
Appellant Darshan Singh has been further found guilty of the charge of offence punishable under Section 324 of IPC, and sentenced to undergo rigorous imprisonment for a period of one year and directed to pay fine of Rs.
Rest of the accused Jhanda Singh, Jasmail Singh and Pal Singh were companyvicted under Sections 302/34, 307/34 and 324/34 of IPC.
Transverse stab wound 3 x 0.5 cm on the lateral side of left side of chest 6 cms lateral to the injury number1.
PC before Executive Magistrate, Faridkot.
Peritoneal cavity companytained about 500 C.C. of fluid and clotted blood.
There are as many as five stabbed wounds out of the six ante mortem injuries.
Accused Boota Singh instigated other accused that numberone should be escaped alive.
From the record, PW 1 Amrik Singh eye witness appears to have suffered following injuries at the time of the incident 2.4cm x 1cm incised wound 10.5 cms below and posterior to left shoulder joint.
On 17.02.1995, companyplainant Amrik Singh PW 1 along with Raj Singh PW 3 , Sukhchain Singh PW 2 , Harbans Singh one of the deceased , and their father Mander Singh and companysin Gursewak Singh with maternal uncle Santa Singh another deceased and Boota Singh had gone to attend the proceedings of the companyrt.
Thereafter prosecution got examined PW 1 Amrik Singh informant , PW 2 Sukhchain Singh, PW 3 Raj Singh all the three injured eye witnesses , PW 4 Dr. Sarabjit Singh Sandhu who companyducted post mortem examination, PW 5 Dr. Manjit Singh, PW 6 Gurcharanjit Kaur, Ahalmad, PW 7 Ujjagar Singh, Steno to D.C. Moga, PW 8 ASI Basant Singh, PW 9 Head Constable Shagan Singh, PW 10 Inspector Prithvi Singh, PW 11 Prithi Pal Singh, S.S.Teacher, PW 12 Dharam Singh, Draftsman, PW 13 MHC Baljit Singh, PW 14 Dr. S.P. Singla, PW 15 Sub Inspector Shivraj Bhushan, PW 16 Sub Inspector Ram Singh, PW 17 Inspector Ranjit Singh, PW 18 Constable Jagjit Singh and PW 19 Satish Kalia, Ahalmad.
Once the prosecution has discharged its burden, the burden to prove that appellant Darshan Singh was number present with other accused at the place of incident and had gone elsewhere, lies on him.
Other accused took pleas of self defence.
There were injuries also on the side of the accused, and from their side accused Pal Singh, accused Surain Singh and accused Jhanda Singh suffered injuries.
On behalf of the defence DW 1 Satnam Kaur, DW 2 Rajinder Kumar, DW 3 Darshan Singh Teacher in primary school, Pakhi Khurd , DW 4 Pawan Kumar, Ahalmad, DW 5 J.V. Tiwari, DW 6 Mukhtiar Singh, DW 7 Om Parkash and DW 8 ASI Harvinder Pal Singh were examined.
The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries.
At about 11.00 a.m. both the sides started quarrelling and had a heated exchange of words, as Surain Singh objected to presence of Bhajan Singh who was relative of companyplainant Amrik Singh and number a party to the proceedings.
An oblique stab wound 1.5 x 25 cm on the back of left side of chest, 2 cms from the midline and 20 cms below the nape of the neck, it was bone deep C.B.P. A transverse stab wound 4 x 0.5 cms on the back of left side of chest, 5 cms from the midline and 12 cms below the nape of the neck.
1,000/ with default clause directing to undergo rigorous imprisonment for further period of two months.
In the circumstances, both the parties were facing proceedings under Section 107/151 of Code of Criminal Procedure, 1973 for short Cr.
The other injured were also medically examined by PW 4 Dr. Sarabjit Singh Sandhu and PW 5 Dr. Manjit Singh.
Report of the above incident was lodged by companyplainant Amrik Singh PW 2 .
The evidence adduced by prosecution was put to the accused by the trial companyrt under Section 313 of Cr.
He assaulted also on the left shoulder of the companyplainant Amrik Singh, and gave two blows on the person of Suckhchain Singh.
The appeal filed by the State qua Darshan Singh present appellant against his acquittal by the trial companyrt, was allowed and his acquittal was reversed.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 02.09.2008, passed by High Court of Punjab and Haryana, Chandigarh, whereby the High Court has disposed of Criminal Appeals No.
209 D.B. and 568 DBA, both of 1998 and Criminal Revision No.
It appears that after the companymittal of the case it was registered as Session Case No.
Convicts Surain Singh, Jhanda Singh, Jasmail Singh and Pal Singh challenged their companyviction before the High Court, and by the impugned order the High Court allowed appeal of Jhanda Singh, Jasmail Singh and Pal Singh, but appeal of Surain Singh was dismissed.
